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Civil Miscellaneous No. 587‑R of 1983 in Civil Appeal No. 229 of 1979, decided on 14th December, 1983.
‑‑ Art. 185‑Supreme Court Rules, 1980, O. XV, r. 5‑Appeal Non‑prosecution of‑Appeal dismissed for non‑prosecution‑Negli gence on part of counsel to appear on date of hearing proved‑No sufficient ground shown for restoration of appeal‑Petition dis missed.‑[Appeal (civil)].
Rafiq Ahmad Khan Bangash, Advocate Supreme Court instructed by Mahmood Akhtar Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing :14th December, 1983.
.‑This civil Miscellaneous petition seeks the restoration of the petitioner's Civil Appeal No. 229 of 1979 which was dismissed on 26‑6‑1983 for non‑prosecution. Admittedly, the petitioner's Advocate‑on‑Record had received the intimation of the hearing of the appeal, on 23‑6‑1983 and he contacted the petitioner's counsel on 25‑6‑1983, who, thereupon, sent telegraphic intimation to the petitioner on 26‑6‑1983. Learned counsel urges that the non‑appearance was on account of late intimation. Both the Advocate‑on‑Record and the counsel had received the intimation before the date of hearing and as such at least one of them could have appeared or if that was not possible, at least the Court could have been informed of the difficulty and adjournment sought. There was thus clear negligence. No sufficient ground has been shown for restoration. The petition is, therefore, dismissed.
S. Q. Petition dismissed.
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