IN THE HIGH COURT OF SINDH

CIRCUIT COURT,LARKANA.

Civil Revision S-21 of 2003 : MuzaffarAli and others vs.

Noor Muhammad & Others

For the applicants : Mr. Vinod Kumar Jessrani, Advocate

For the L.H of Respondent-2: Mr. Bashir Ahmed Dargahi, Advocate

Date of hearing : 20.01.2022

Date of announcement : 20.01.2022.

O R D E R

Agha Faisal, J. This is an application for restoration of the Civil Revision, which was preferred in 2003 and finally dismissed in default vide order dated 16.5.2016.The restoration application was preferred on 04.5.2017, almost after one year post dismissal for non-prosecution, hence, was earlier dismissed on account of limitation,vide order dated 13.11.2017.

2. Learned counsel filed a review application against the dismissal order and the same was allowed vide order dated 07.10.2019 and the dismissal order was recalled, however, the fate of restoration application was still not determined.

3. The restoration of matters of dismissal for non-prosecution are generally governed by Order IX Rule 9 CPC and the limitation in such regard is thirty days, per Article 163[1] read with Article 168 of the Limitation Act. However, since the review application has already been determined, therefore, it is considered prudent to prefer no opinion in such regard and consider the application on merit.

4. The affidavit alongwith the restoration application has been executed by one of the numerous applicants, however, the contents thereof do not appear to justify the grant of application sought. Applicants are required to be vigilant in pursuance of their matters and there is no requirement of notice being served thereupon for each respective date of hearing. The deposing applicant has also levelled allegations against the dealing counsel, however, there is no evidence of any remedial action having been taken there against.

5. In conclusion, it is observed that the application is devoid of merits and no cogent ground has been pleaded and / or articulated to restore the revision, hence, the restoration application is hereby dismissed.

JUDGE