Law:

Section:

Civil Procedure Code (V of 1908)--- ---- O.XLI, R.19 & S.115 --- Dismissal of appeal for non-prosecution-- ­Application for restoration of appeal, still pending adjudication during course of which Appellate Court not acceding to request of defendants-respondents for framing, issue on the question of fact as to misconception of date of hearing, which was claimed to be the basis for restoration of appeal, expressed the view that plea relating to misconception about the date of hearing of appeal did not require any issue to be framed or evidence to be taken --- Validity-- ­Appellate Court could come to a finding about the existence or otherwise of sufficient cause regarding alleged misconception of date on basis of evidence alone --- Revision against impugned order of Court was, however, not admitted for the reason, that revision against every interim order of Court would unduly prolong parent litigation --- Grievance against such order, however could be agitated in the proceedings that might be maintained for challenging the ultimate order to be passed by the Court --- Revision being pre-mature was dismissed in circumstances. Abdul Raoof v. Mst. Khalida PLD 1968 Lah. 423 rel. ORDER An appeal filed by the plaintiff-respondent in the District Court against the trial Court's decree of dismissal of his pre-emption suit came to itself be dismissed for non-prosecution and his application for restoration thereof is, after contest, still awaiting disposal. Therein, the petitioning vendee-defendants, the respondents in that Court, moved a miscellaneous application for the plea of restoration of appeal being put to issue for the purpose of decision being made on the basis of evidence. By the herein impugned order dated 6-7-1992, learned Additional District Judge refused to accede to the request of the defendants with the observation that plea…

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