ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____

                                   R.A No. 124  of 2016

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DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

 

1.     For orders on CMA  791/2017 (u/a)

2.     For orders on CMA 792/2017 (Restoration)

 

 

23-10-2017.

 

Mr. Anwar Ali Advocate for applicant.

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1.                     Granted.

2.                     Through this application learned counsel has sought recalling of this Court’s order dated 18.09.2017 in terms of which the instant revision application was dismissed on account of non-prosecution in the absence of the counsel of the applicant.

 

                        Learned counsel submitted that he has been unwell and therefore, was not able to appear before the Court on the abovementioned date.

On query as to whether any medical record has been filed in support of this contention, the learned counsel answered in negative. Also to note is that no  affidavit of counsel himself is attached with the present application for restoration.

 

                         Be that as it may, review of the order dated 18.9.2017 shows that none was present on that date despite having notices issued to the counsel and similar was the case on 28.8.2017 and 10.08.2017 when the learned counsel was called absent without any intimation and on which date, as an indulgence and as last chance, matter was adjourned to 28.8.2017.It clearly shows that it was not for the first time that the counsel choose to remain absent, there is a consistent pattern.

 

                        I therefore, dismiss the instant CMA as I do not see any reason to restore the instant civil revision application which was dismissed on account of non-prosecution on 18.9.2017.

 

 

                                                                                                    JUDGE

 

Irfan/PA.