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Civil Appeal No. 25 of 1978, decided on 17th February, 1980.
(On appeal from the judgment and order of the Lahore High Court, dated 14th December 1977 in R. S. A. No. 463/74).
O. XLI, r. 23-Remand (civil)-Counsel for appellant suffering from genuine illness of eye sore and as such unable to see cause list to ascertain date faked in case---High Court's order making no mention of such illness and omission apparent on face of record=-Case, in circumstances, held, shall have to be remanded to High Court for fresh disposal after keeping said illness in view,
Ihsan-ul-Haq Advocate Supreme Court and Wajid Hussain, Advocate-on- Record for Appellants.
Ch. Muhammad Hassan, Advocate Supreme Court and Rana Maqbool Ahmad Kadri, Advocate-on-Record for Respondents.
Date of hearing 17th February 1980.
.--This is an appeal by special leave against an order of the High Court dated 14th December, 1977, whereby a Civil Miscellaneous Application No. C.M. 5250/77 (in R. S. A. No. 463/74) which appeal is still pending in the High Court-was dismissed. This said application was filed to recall an earlier ex parte order of the High Court dated 4th Decem ber, 1977, whereby an order of status quo obtained by the appellants was vacat ed. The case of the appellants was that the said order had been got vacated by the respondents ex parte on misrepresenting certain facts before the Court.
When the case was taken up on 14th December 1977, it was pleaded that the counsel had missed to notice the previous date namely 4th December 1977 because he could not see the cause list due to an eyesore and had asked his clerk to check up the same but he too inadvertently missed to notice it. The Court did not accept this explanation and refused to recall the order dated 4th December 1977.
2: Leave in this case was granted on 18th December 1977 to consider as to what was the effect of the High Court in not noticing the genuine illness of the eyesore of the learned counsel concerned. We have gone through the order of the High Court. It makes no mention of the illness aforesaid. This A omission is apparent on the face of the record, with the result that the case shall have to be remanded to the High Court for fresh disposal of the mattes after keeping the said illness in view.
3. The result is that the appeal is accepted and the case is remanded as stated hereinbefore. There shall be no order as to costs.
Appeal allowed.
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