Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, R.19---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15(6)---Limitation Act (IX of 1908), S.5, Arts. 168 & 181--­Restoration of appeal dismissed in default of appearance--­Condonation of delay---Non-supply of cause list---Appeal was dismissed on 22-5-2000---Application for restoration was filed on 24-6-2002 and application under S.5 of Limitation Act, 1908 was filed on 12-10-2002--­Plea of applicant was that on account of non-supply of cause .list to his counsel, dismissal of appeal would be treated to be without notice to him; and that Art.181 and not 168 of Limitation Act, 1908 would apply in the present case---Validity---Name of applicant's counsel had duly appeared in cause list for 22-5-2000---As to supply of cause list to his counsel, there was presumption---Respondent through counter-affidavit had controverted affidavits filed by applicant and his counsel--No explanation was given for taking such a long time in filing restoration application and then application for condonation of delay---Applicant had not explained each day's delay, which he was obliged to do--­All such matters smacked of indolence, indifferent attitude and conduct of applicant in pursuing appeal---Applicant, in circumstances, was not prevented by any sufficient cause from appearing on 22-5-2000---Article 168 and not Art.181 of Limitation Act, 1908 would apply to facts and circumstances of such case---High Court dismissed both such applications. Lal Dino and others v. Deputy Commissioner and others 1982 SCMR 201 and Sindh Industrial Trading Estates v. West Pakistan Water and Power Development Authority PLD 1991 SC 250 rel. Saleem Anwar Khan for Applicant: M. Iqbal and Saif-ud-Din Chughtai for Respondent. ORDER On 22-5-2000 S.A.O. No.23 of 1995 was dismissed for non-prosecution. This is application for restoration of the same. 2. It is contended by the learned counsel that the applicant became aware of the dismissal of the appeal on 28-5-2002 when the copy of the order was produced by the respondent side in the Court of Ch. Munir Ahmad, Civil Judge, Lahore and that although the applicant had engaged two counsel, one of…

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