Law:

Section:

Civil Procedure Code (V of 1908)---O. XLI, r. 19-Appeal. Read mission of-Contention that names of counsel engaged later having not appeared in cause list, they naturally could not appear and appeal in such circumstances should not have been dismissed and ought to have been readmitted-Name of one of counsel appointed by petitioner appearing in cause list, particulars of case rightly mentioned in cause list, counsel, held, should have been sufficiently vigilant to note case and connect it with case in which appointed to succeed another Advocate whose appointment not deter­mined with leave of Court but petitioner only wishing him not to pursue their case and appointing two fresh counsel-Omission of names of fresh counsel in cause list in circumstances, held, not such a defect as would relieve them of their duty to notice case in cause list and appear before Court on date fixed for hearing. Sawab Khan v. Abdul Hamid Khan P L D 1968 Lah. 1224 ; Iqbal Ahmad v. Mst. Sharifun Nisa P L D 1967 Lah. 1098 and Lt.-Col. Mirza Munawar Beg etc. v. Mst. Naseer Bibi C. P. No. 159 of 1975 (unreported)ref. ORDER NASIM HASAN SHAH, J-This petition for leave to appeal is directed against the order dated 24-9-1980 passed by a Division Bench of the Lahore High Court dismissing an application (C. M. No. 5583/80 in I. C. A. 1197/66) seeking re-admission of the appeal (I.-C. A. No. 1197/66) which was dismissed in default as well as on merits on 2-6-1980. Re-admission of the appeal was sought on the ground that in cause list only the name of Sh. Nasir Ahmad, Advocate had appeared, although the said Sh. Nasir Ahmad had ceased to be the counsel for the petitioners and the petitioners had engaged two new counsel, namely, Kh. Mohammad Tufail and Sh. Sikander Iqbal. The submission was that as the name of the counsel, who were engaged later on, did not appear in the cause list, they naturally could not appear and the appeal, therefore, in these circumstances should not have been dismissed and was liable to be readmitted. The learned Judges in the High Court were of the opinion that as new counsel had been engaged it was their duty to have noted the case and appeared on the date of hearing…

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