Law:

Section:

(On appeal from the order of Lahore High Court Lahore, dated 22-4-1992 passed in C.M. No. 229-C of 1992 in Civil Revision No.843 of 1987). Civil Procedure Code (V of 1908)--S. 115---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art. 185(3)---Restoration of revision petition dismissed in default was refused on the ground that said application was time-barred and no application for condonation of delay had been filed---Validity---Petition for leave to appeal was converted into appeal and same was allowed for there was no material to rebut or doubt assertion of appellant that he and his counsel were not notified the date of hearing and that they came to know of it subsequently from which date application was well within time---Order of High Court whereby revision was refused to be restored was set aside and case was remanded to High Court for- determining factual merits of assertion made in application claiming restoration and passing appropriate consequential order thereafter. Sindh Industrial Trading Estates v. West Pakistan Water and Power Development Authority PLD 1991 SC 250 rel. Syed Munir Hussain, Advocate instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Ch. Bashir Ahmad, Advocate instructed by M. A. Qureshi, Advocate-on-Record for Respondent. Date of hearing: 11th January, 1994. ORDER SHAFIUR RAHMAN, J.---The petitioners seek leave to appeal against the order of the Lahore High Court dated, 22-4-1992 whereby restoration of a revision petition dismissed in default was refused on the ground that the application was time-barred and no application for condonation of delay had been filed. 2. Ex facie the application for restoration of the civil revision appeared to be…

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