Law:

Section:

Civil Procedure Code (V of 1908)-------0. XLI, R.19 & S. 151---Dismissal of appeal for non-prosecution--­Restoration of---Regular First Appeal was dismissed for non-prosecution and application for restoration was filed after seventy-four days from its dismissal---Application for restoration of appeal was filed without application for condonation of delay under S.5 of Limitation Act, 1908--­Effect---Applicant who was- bound to explain each day's delay, failed to explain delay of seventy-four days---Contents of application also did not reveal any cogent/sufficient reason for condonation of delay---Applicant himself was to pursue the matter, but he remained negligent---No body should be allowed to get benefit of his own negligence---Application for restoration of appeal was dismissed, in circumstances. ORDER Civil Miscellaneous No. 12/C of 1997 CH. IJAZ AHMAD, J.--- The brief facts out of which the present C.M. arises are that the applicant filed R.F.A. No. 199 of 1996 which was dismissed for non-prosecution vide. order, dated 30-10-1996. The applicant filed present application for restoration of the appeal on 13-1-1997 on the ground that his counsel did not appear on the said date and no notice was ever issued by the office to the applicant for fixation of the appeal on 30-10-1996. He further submits that ex parte order was passed against the applicant by the Banking Court and in case the application is not accepted and the appeal is not restored then the petitioner will be penalised by the act of the Court as well as by the act of his counsel and principles of natural justice will also be violated. He further submits that superior Courts insisted that controversy - must be resolved between the parties on merits instead of technicalities. The learned counsel for the respondent submits that the instant application is liable to be dismissed as time-barred as the same has been filed after 74 days of the dismissal .of the appeal. He further submits that the contents of the application do not reveal at all any cogent reason for non­appearance of the counsel as well as the applicant himself. He further submits that the application is not supported by the affidavit…

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