Law:

Section:

(a) Constitution of Pakistan (1973) Arts. 199 &. 185(3) Civil Procedure Code (V of 1908), O.IX, R. 9 ¬Constitutional petition Dismissal of petition for non prosecution Delay of five years in filing application for restoration/re hearing Dismissal of such application as non maintainable Validity Assertion in support of application for restoration/rehearing was vague in nature and factually incorrect No cogent reason was put forth for filing such application after delay of five years Appellants' assertion that they, had in fact engaged counsel (whose name they did not disclose) for filing application for restoration after dismissal of their Constitutional petition, could not be believed Had such assertion been correct then application for restoration of same would not have been filed after five years No ground having been made out for restoration of Constitutional petition, High Court had exercised its jurisdiction correctly in dismissing such application. (b) Sindh Children Act (XIV of 1955) S. 5 Constitution of Pakistan (1973), Art. 185(3) Appeal before Supreme Court New plea Plea of separate trial in terms of S. 5, Sindh Children Act, 1955 was neither taken before Trial Court nor before High Court Such plea could not be allowed to be taken for the first time before Supreme Court Plea raised was that one of the petitioners being minor (less than sixteen years) his trial should have been conducted separately as per requirements of S. .S, Sindh Children Act, 1955 and that joint trial was not warranted Such plea having neither been taken before Trial Court nor in grounds of Constitutional petition, could not be allowed to be taken before Supreme Court at a belated stage Appeal being incompetent was dismissed in circumstances. JUDGMENT SAJJAD ALI SHAH, CJ. This appeal with leave of the Court is directed against order dated 10th March, 1992 passed by a Division Bench of the High Court of Sindh in Constitution Petition No. D 190 of 1986, whereby, after dismissal of the main petition for non prosecution, application for restoration/re hearing is dismissed as non maintainable on the ground that the same had been filed after delay of five years. 2. Briefly stated…

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