Law: Civil Procedure Code (V of 1908)

Section: 19

Civil Procedure Code (V of 1908)--O.XLI, R.19 Limitation Act (IX of 1908), S.5 Appeal dismissed for non prosecution Restoration Condonation of delay Illness of counsel Suit was decreed and property was auctioned in execution of decree Appeal was dismissed by High Court due to non prosecution Plea raised by debtor was that his counsel could not appear on account of illness Validity Judgment debtor did not attach any prescription or medical certificate along with application to show that his counsel had become ill al of a sudden Although the counsel of debtor had filed affidavit in support of the contents of his application, yet affidavit alone was of no avail to him Superior Courts did not consider the ground of illness as a good ground for restoration or re admission of appeal Judgment debtor also failed to give any cause of his non appearance on the date of dismissal of appeal High Court declined to condone the delay and restore the appeal in circumstances. Mst. Fatima and another v. Mst. Rehmat Mai 1989 SCMR 1202; Mst. Zubaida Mumtaz v. Mst. Ikram Jehan 1999 SCMR 1025; Haji Ghulam Sarwar v. Daya Ram 1975 SCMR 179; JURIO v. Nawab Nabi Bukhsh 1993 CLC 187; Hussain Khan v. Ghanno Bibi and others 1997 CLC 1324; Allah Bachai and others v. Fida Hussain and others 2004 SCMR 615; WAPDA v. Messrs Dada Bhoy Cement Indst. 2004 SCMR 1481 ref. JHANDA v. Maqbool Hussain and others PLJ 1981 SC 297 rel. ORDER C.M. No.87 C of 2004 is an application for restoration of main appeal, which was dismissed for non--prosecution vide order dated 21 1 2003, whereas C.M. No.2 C of 2004 is an application for condonation of delay under section 5 of the Limitation Act for filing belated application for restoration/re admission of appeal; while C.M. No.3 C of 2004 is an application for the grant of ad interim relief. 2. The learned counsel of the applicant submits that the learned counsel of the appellant felt serious pain in his heart on 21 1 2003 and there was no alternative for him except to inform his Clerk to get adjournment in R.F.A. No.319 of 2000. The Clerk of learned counsel of the applicant/appellant had intimated the Reader of this Court on 21 1 2003 regarding illness of his…

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