Law:

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Civil Procedure Code (V of 1908) O.IX, R.9 Constitution of Pakistan (1973), Art. 185(3) Dismissal of suit for default Application for restoration of suit was rejected by all the Courts below including the High Court Validity Number of defendants died during pendency of suit, but their legal heirs were not brought on record Plaintiffs appeared not to be serious in prosecuting their suit which remained pending for about thirty years without any progress and was finally dismissed owing to their default as neither they nor their counsel appeared on the date fixed ¬Plaintiffs failed to show any satisfactory or convincing reason for their non-appearance Plaintiffs could not controvert findings recorded by High Court and lower Appellate Court that they did not seriously pursue their applications for restoration of suit inasmuch as they defaulted even in depositing process¬ fee High Court had rightly held that both applications for restoration of suit were incompetent for having been filed against dead persons Even in appeal before High Court many dead persons were arrayed as respondents and plaintiffs failed to implead their legal representatives despite opportunities given Plaintiffs appeared to have acted with utmost negligence throughout the proceedings Impugned order of High Court in not restoring plaintiffs suit, thus, proceeded on correct premises, legal as also factual Leave to appeal was refused in circumstances. ORDER ZIA MAHMOOD MIRZA, J. This is a petition for leave to appeal against the judgment of a learned Single Judge of Balochistan High Court dated 26 3 1992 dismissing the petitioners' appeal against the order of Additional District Judge III, Quetta dated 25 11 1990 whereby an application filed by the petitioners under Order 9, Rule 9, C.P.C. was rejected and dismissal of the suit in default vide his order dated 23 11 1988 was maintained. 2. Facts giving rise to this petition, briefly stated, are that the petitioners brought a suit for declaration, partition and possession of the suit properties against Haji Subedar Khan and 14 other defendants. The suit was filed in the Court of District Judge, Quetta in the year 1961/62. It was contested by…

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