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Civil Procedure Code (V of 1908)--O. XLI, R.19---Law Reforms Ordinance (XII of 1972), S.3--­Constitution of Pakistan (1973), Art.185(3)---Dismissal of Intra-Court Appeal for non-prosecution ---Restoration---Intra-Court Appeal dismissed for non-prosecution, was restored/re-admitted by Intra-Court Appeal Bench after hearing the parties---Petitioner who was respondent in the appeal had sought leave to appeal against restoration order---Appeal having been restored/re­admitted by Intra-Court Appeal Bench on valid ground, order of restoration/re-admission was justified and could not be interfered with by Supreme Court. Abdul Aziz Qureshi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 13th September, 1999. JUDGMENT IRSHAD HASAN KHAN, ACTG. CJ.---This petition for leave to appeal under Article 185(3) of the Constitution of the Islamic Republic of Pakistan is directed against the order dated 8-7-1999 of the Lahore High Court, Lahore, in C.M. No. 1758 of 1998 in Intra-Court Appeal No. 123 of 1989 filed in Writ Petition No.206-R of 1986, whereby the Intra-Court Appeal dismissed for non-prosecution on 16-12-1998, was re-admitted. 2. It is pleaded that Intra-Court Appeal No. 123 of 1989 was listed for hearing on 16-12-1998 before a Division Bench of the Lahore High Court. The I.C.A. was dismissed for non-prosecution as neither the counsel nor the appellant appeared when the case was called. The appellant therein applied for readmission of the I.C.A. on the ground that at the relevant time the counsel for the appellant was appearing in a part heard matter before another Full Bench and had instructed his colleague to appear before the Bench hearing the I.C.A., but unfortunately he reached a little late. It was also stated in the application for restoration that a large number of cases pertaining to foreign currency were being heard by the Full Bench which was functioning day to day and he was under the bona fide impression that the case could be taken on 16-12-1998 and therefore, he remained present in that Court, but the Full Bench did not function. In consequence, the learned Judges of the…

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