Law:

Section:

Counsel and client--- ----Negligence on the part of advocate, has a binding effect on his client---Any negligence on the part of the advocate, was binding upon party which had engaged the advocate---If a party would 'engage a counsel who was lacking sense of responsibility to the court, it was the party who should suffer and not the other side. Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744; Jane Margrete Willian v. Abdul Hamid Mian 1994 SCMR 1555; Muhammad Sharif Khan and 4 others v. Board of Revenue, West Pakistan, Lahore 1970 SCMR 76; Zulfiqar Ali v. Lal Din and another 1974 SCMR 162; Jhanda v. Maqbool Hussain and others 1981 SCMR 126; Sher Muhammad v. Said Muhammad Shah 1981 SCMR 212; Abdul Hamid and 3 others v. Sayed Abdul Qadir and others PLD 2001 SC 49; Saifullah Siddiqui v. Karachi Electric Supply Supply Corporation Limited 1997 SCMR 926; Muhammad Sadiq v. Mst. Bashiran PLD 2000 SC 820 and Naoomal Tourmal v. Tarachand Sobharaj and another AIR 1933 Sindh 2000 ref. ORDER RAHMAT HUSSAIN JAFFERI, J.---This order will dispose of C.M.A. No.3817 of 2002 under section 151, C.P.C. for the restoration of petition and C.M.A. No.3818 of 2002 under section 151, C.P.C. read with section 5 of Limitation Act for condonation of delay in filing the above application. 2. The facts giving rise to the present application are that on 29-12-1991, constitutional petition was filed by the petitioner against the respondents. The same was fixed for regular hearing in the year 1992 and it was being adjourned from time to time for various reasons when on 28-1-2000 the petition was dismissed as nobody was present from the side of the petitioner. 3. After more than two years of dismissal of the petition, the present applications have been filed on 23-5-2002 on the grounds that petitioner was resident of Lahore and from there he was contacting his Advocate but he was being informed that the matter was pending. In the month of April, 2002 he shifted to Karachi, he again contacted his Advocate who assured him that his matter was still pending. Subsequently, he contacted the office of this Court where he came to know that the petition was dismissed on 28-1-2000,…

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