Law:

Section:

Civil Procedure Code (V of 1908)-- S. 151-Restoration of appeal-Appellants applicants not submitting any explanation whatsoever of their own absence on adjourned date of hearing but their counsel attempting to justify their absence on ground of his clerk having not informed him of appeal being fixed on such date for hearing before Judge dismissing restoration application for non-prosecution on such date-Application dismissed by Judge concerned not merely for reason of absence of appellants but also because of previous history of case, i.e., appellants obtaining stay order to protect their possession and having obtained such order they and their counsel failing to appear on date fixed for hearing of appeal but Judge not dismissing appeal or recall stay order-Appellants and their counsel having not been vigilant, lower Court, held, perfectly justified in circumstances in dismissing their restoration application ­[Appeal (civil)]. Zulfiqar Ali v. Lal Din and another 1974 S C M R 162 ref. Seth Shivrattan G. Mohatta and another v. Messrs Mohammadi Steamship Co. Ltd. P L D 1965 S C 669 ; Muhammad Munawar v. Ch. Khurshid A lam 1578 S C M R 266 and Abdul Hamid Ismail v. Messrs Abdul Rehman Abdul Ghani P L D 1959 Kar. 376 distinguished. Kh. Muhammad Farooq, Advocate and Akhtar All, Advocate-.on-Record for Appellants. Maulvi Sfrajul Haq, Advocate and M. A. Siddiqui, Advocate-on-Record for Respondent. Date of hearing : 19th June, 1979. JUDGMENT DORAB PATEL, J.--The appellants are the tenants of a shop in Anarkah, Lahore, which is owned by the respondent. In the events that happened, the respondent obtained an order for the eviction of the appellants from his shop from the Court of Rent Controller, Lahore, therefore, the appellants had challenged their eviction in an appeal in the District Court, Lahore. But, as this appeal was dismissed on 22-1-1977, they filed a second appeal in the Lahore High Court. This appeal ryas admitted on 18-2-1977 and the appellants also obtained an interim order from the learned Judge protecting their possession pending the hearing of their appeal. Therefore, they should have been vigilant in the prosecution of their appeal. But, when the…

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