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SARDAR MUHAMMAD RAFIQUE KHAN versus AZAD GOVERNMENT


Section (42 ()) Appeal for leave to appeal Appeal for default of dismissal of application for dismissal Petition Appeal for leave of appeal was dismissed before appearing at hearing date , The applicant did not indicate any reason for his absence. Even before the court at the hearing, even if the lawyer for the applicant was excused because of illness, there was no reason to excuse the applicant's absence before the court because for the leave of appeal. There is no justification for restoration of the application, sufficient reason was shown by the petitioner for the rehabilitation and it was proved that the court could not be restored as usual in the case of the dismissal, May be restored, if any reason beyond the control of a party is disclosed. The application moved for its restoration No such reason was specified in the request for restoration of the application; the request for a restoration of the application was left to F or the appeal, rightly dismissed.

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