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Appeal No. FD‑264 of 1980, heard on 5th May, 1982.

‑‑ S. 37 read with Civil Procedure Code (V of 1908), O. XLI, r. 19‑Appeal‑Dismissed in default in appearance of appellant -Readmission‑Application filed three days after expiry of limita tion of 30 days‑No sufficient cause for non‑appearance adduced- Application for readmission, in circumstances, dismissed on merits as well as for being time barred.

Muhammad Rafiq Shad for Petitioners.

Mian Mahmood Hussain for Respondent.

Date of hearing: 5th May, 1982.

The appeal was dismissed in default on 5th August, 1980. The application for readmission of the appeal was made on 7th September, 1980. The grounds of readmission are that the petitioners engaged Mr. Muhammad Rafiq Shad, Advocate, in the appeal, but the letter of nomina tion was received by the said learned counsel late on 8th August, 1980 and when the learned counsel made enquiry about the appeal, he learnt that the appeal had been dismissed in default on 5th August, 1980. The petition is not supported by any affidavit, the petition for readmission is time‑barred and there is no application for the condonation of delay. The application has been opposed and the grounds given have been denied. It is apparent from the contents of the application for readmission that there is absolutely no ground for non‑appearance of some authorised person on behalf of the petitioners. The only ground given is that the learned counsel who has moved the application for readmission received the letter of nomination after the appeal bad been dismissed in default. This is not to be seen whether the lawyer who is at present incharge of the case was guilty of any negligence or not, but it was to be shown by the petitioners that the non‑appearance was for sufficient and cogent grounds. This is not known why no body appeared on 5th August, 1980. Previous to it Mr. Shabbir Ahmad, Law Officer, used to appear. Mr. Salim Aftab, Advocate, had appeared on some dates namely, 18th March. 1979, the date on which the appeal was presented, 18th March, 1979, 25th April, 1979, 3rd June, 1979, 23rd January, 1980, 13th April, 1980 and 18th April, 1980. No ground is given why Mr. Shabbir Ahmad, Law Officer, did not appear on 5th August. 1980. If the said Law Officer was for some reason not available, the petitioners could send some other authorised person. Again there is no ground why the application for read -mission was made late. The period of limitation is 30 days but the peti tion was made with three days delay which does not stand explained. I, therefore, dismiss the application for readmission of the appeal on merits as well as being barred by time.

A. E.

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