IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln.No.S-67 of 2014

Applicant                         :               Ehsanullah Kandhro through his attorney Raza Hussain Kandhro, through

Mr. Abdul Rehman Bhutto, Advocate

Respondents                  :               Through Mr.Abdul Sattar Janwari,

Advocate for private respondents &

Mr.Abid Hussain Qadri, State Counsel.

Date of hearing             :               29.10.2018

Date of order                 :                29.10.2018

O R D E R

IRSHAD ALI SHAH, J.- The applicant by way of instant civil revision application has impugned an order dated 03.06.2014, passed by learned       5^th Additional District Judge, Larkana, whereby his application u/o 41 rule 19 CPC was dismissed, whereby the applicant sought for restoration of appeal, which was dismissed for non-prosecution.

2.                    It is contended by learned counsel for the applicant that the learned trial court ought not to have declined restoration of the appeal as law requires adjudication of the cases on merits rather on technicalities. By contending so, he sought for setting aside of the impugned order.

3.                    It is contended by learned counsel for the private respondents that no lawful justification was advanced by the applicant for restoration of his appeal, the same according to him was rightly declined by learned Appellate Court. By contending so, he sought for dismissal of instant civil revision application.

4.                    Learned State Counsel was fair enough to state that no public interest is involved in the instant litigation.

5.                    I have considered the above arguments and perused the record.

6.                    Admittedly, the appeal which has been dismissed for non prosecution was involving the adjudication of valuable rights of the parties. No doubt, it was dismissed for non prosecution but there could be made no denial to the fact that its restoration was sought for within 30 days time which is prescribed by law. If the applicant is intending to have decision of his appeal on merit, then he could not be declined such right, as fair trial for determination of civil rights and obligations are guaranteed by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. In these premises, the impugned order could not be sustained and it is set aside. Consequently, the appeal of the applicant would be deemed to be pending before learned Appellate Court and it would be decided by learned Appellate Judge,           on merits after providing chance of hearing to all the concerned.

7.                    The instant civil revision is disposed of in above terms, with no order as to costs.

JUDGE

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