Law:

Section:

Sindh Rented Premises Ordinance (XVH of 1979)-------S. 21---Civil Procedure Code (V of 1908), O.XLI, Rr.17 & 19---Dismissal of appeal for non-prosecution---Restoration---On date fixed for hearing of appeal counsel for appellant sought time to prepare and argue on the question of limitation pointed out by office and case was adjourned for a fixed date---Case was called twice on date fixed for hearing but neither appellant nor his counsel having turned up to prosecute the matter, appeal was dismissed for non-­prosecution---If counsel for appellant was busy before other Benches, he could have left some intimation to that effect---Despite knowledge about date of hearing, application for restoration of appeal was filed after 49 days--­Application for restoration of appeal, though could have been filed within three years but delay in filing application must be accounted for, particularly so when date of hearing was known to the party or his counsel---Justification offered on behalf of appellant for absence on date of hearing, being not sufficient, application for restoration of appeal, was liable to be dismissed. ORDER This is an application for restoration of the appeal which was dismissed for non-prosecution on 26-5-1997. This application, which was filed on 14-7-1997, is supported by the personal affidavit of learned counsel for the appellant and another affidavit by the appellant herself. It is stated in the affidavit of the learned counsel that on 26-5-1997 he was busy before other Benches, and therefore, could not appear in this matter. In the affidavit of the…

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