Law:

Section:

(a) Civil Procedure Code (V of 1908)--O.XLI, R.19---Constitution of Pakistan (1973), Art.185(3)---Dismissal of application for readmission of appeal---Leave to appeal was granted to consider whether in view of affidavit of counsel that while examining cause list, he had inadvertently lost sight of the case, counsel's absence was deliberate, wilful, as a result of negligence and carelessness or was due to bona fide mistake. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, R.19---Constitution of Pakistan (1973), Art.185---Re-admission of appeal---Explanation offered by appellant's counsel was that due to oversight he could not notice case in the cause list which resulted in his non-appearance on crucial date viz. 18-10-1988---Application for re-admission of appeal was made on 22-10-1988---Statement of counsel made in his affidavit had not been controverted by filing any counter-affidavit---Application for re-admission had been made with promptness---No negligence or carelessness on the part of counsel in not noticing the case in the cause list had been noticed---Absence of counsel on crucial date being neither deliberate, wilful or as result of negligence and carelessness but because of bona fide mistake, appeal dismissed by High Court for his non-appearance was restored and was directed to be heard on merits. Shoukat Hussain and others v. Mst. Saghiran Begum and others PLD 1983 SC 263 rel. JUDGMENT SALEEM AKHTAR, J: --The appellant by the leave of this Court challenges the order of learned Judge in Chamber whereby the application under Order XLI, Rule 19, C.P.C. for re-admission of the appeal was dismissed. The appeal was dismissed on 18-10-1988 and an application for re­admission was made on 22-10-1988. The advocate for the appellant filed his affidavit…

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