Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.7

Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Civil Procedure Code (V of 1908), O.IX, R.7---Dismissal of constitutional petition for non-prosecution---Application for restoration of petition was accompanied with personal affidavit of counsel for petitioner, wherein he had stated that he was not aware about the fixation of the petition on relevant date---Petitioner having gone to his native place was stated to have not been informed about the date--Pleas taken by the petitioner and his counsel were not tenable for the reason that case had appeared in the daily cause list of the High Court; it was, in circumstances the professional obligation of counsel for the petitioner that he should have noted the hearing of the case for relevant date---Further, it was for the petitioner to have remained vigilant in pursuing his case---Even otherwise application for restoration of petition was also time barred and no application had been moved for seeking condonation of such delay. Zulfiqar Ali v. Lal Din and others 1974 SCMR 162 ref. THIS ORDER PASSED BY: ANWAR ZAHEER JAMALI, J.--- Granted. 2. Through this application under Order IX, Rule 7, C.P.C., petitioner has sought restoration of this petition which was dismissed for non-prosecution on 20-9-2007. The application is accompanied with the personal affidavit of Mr. Ghulam Shabbir Baloch, the then Advocate for the petitioner, wherein he has stated that he was not aware about the…

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