Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.19&O.XX,r.4(2)

(a) Civil Procedure Code (V of 1908)---O. XLI, r. -19 & O. XX, r. 4 (2)-Appeal-Readmission after dismissal for default-Judgment, contents of-Impugned order not detailed but argument advanced from respondent's side as to counsel for respondents having not been negligent in prosecuting appeal and even if it were so his clients could not be allowed to suffer on account of his negligence noted by Court with approval-Contention that a contested application for restoration of appeal should not have been allowed by a short order-.Held, : Disposal of restoration application--Need not necessarily be through a detailed -Main pleas noticed and parties heard in support of main plea-Mere fact of order of disposal of restoration application being short-Does not render order invalid.-[Appeal (civil)-Judgment]. Shivratten G. Mohatta and another v. Messrs Mohammad! Steamship Coo. Ltd. P L D 1965 S C 669 ref. (b) Civil Procedure Code (V of 1908)- --O. XLI, r. 19-Appeal-Readmission after dismissal for default-­Clerk of counsel filing affidavit in support of pleas for readmission of appeal, cross-examined at great length but falsity of his affidavit not established-Short way of rebutting assertions made by clerk could be a resort to summoning or production of relevant cause lists and disposal sheet/register, as also attendance noted in case before other Bench allegedly attended by counsel of appellant-No such step taken in High Court and no attempt made when filing petition for leave to appeal to submit such material before Supreme Court-Court not bound formally to call upon petitioner to furnish rebuttal-Nothing on record to impute even carelessness to counsel in deciding priority when be made due arrangement by sending his clerk to one Bench and himself appeared before another Bench--Non-appearance of counsel for respondents, held, not due to his negligence and counsel made an honest mistake in calculating and making estimates regarding timing for appearance before different Benches of High Court.--[Appeal (civil)]. Jamal Din and another v. Ramzan and another 1982 S C M R 471 and Jan Muhammad v. Muhammad Asghar P L D 1981 513 ref. (c) Practice and procedure-- --Mentioning of…

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