Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLI, R.19 & O.III R.1---Restoration of appeal dismissed for default--­Non-appearance of party himself when permissible---Appeal had been dismissed for non-prosecution due to absence of appellant himself and his counsel--­Appellant's plea in support of restoration of appeal was that relevant date being for arguments, he was neither directed by his counsel nor had instruction from him that his presence was necessary on specified date---Held, non-appearance of party on the date fixed for arguments was justified in circumstances of the case within the terms of O. III, R.1, C.P.C. Khalid Saeed v. District Judge, Karachi and another 1984 CLC 2903; Mst. Zubeda Mumtaz Begum and others v. Mst. Ikram Jan arid another 1990 SCMR 1025; Mst. Mariam Bai and another v. Mst. Mehrunnisa Begum 1985 SCMR 2064; PLD 1959 Kar.143 and Mst. Rasool Bibi and others v. Province of the Punjab through Collector, Sialkot and others 1991 SCMR 403 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.19---Restoration of appeal dismissed for default---Appeal had been dismissed for absence of appellant and his counsel---Plea advanced by counsel for appellant for his absence was that he could not appear because of his sudden illness on the morning of the date of hearing---Counsel's such plea was supported by his personal affidavit .as also affidavit of his junior that he had made request for adjournment of case due to illness of senior counsel but his request was turned down---As against affidavit of two counsel, simple word of respondent could not be given weight and no reason was pointed out to disbelieve said affidavits---Application for restoration of appeal was allowed and appeal was restored and re-admitted for regular hearing. Khalid Saeed v. District Judge, Karachi and another 1984 CLC 2903; Mst. Zubeda Mumtaz Begum and others v. Mst. Ikram Jan and another 1990 SCMR 1025; Mst. Mariam Bai and another v. Mst. Mehrunnisa Begum 1985 SCMR 2064 and Mst. Rasool Ribi and others v. Provinc6 of the Punjab through Collector, Sialkot and others 1991 SCMR 403 ref. ORDER Through this application appellant seeks restoration of his appeal which was…

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