IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Civil Revision Application No.S-42 of 2016.

Hearing of case.

1. For Orders on CMA No. 766/2019.

2. For hearing of main case.

3. For hearing of CMA No. 356/2016.

O R D E R.

09-04-2021.

Mr. Chaudhry Shahid Hussain advocate for the applicant. Mr. Abdul Rasheed Kalwar advocate for the respondents.

Mr. Shaharyar Imdad Awan, AAG Sindh.

Abdullah Bhutto respondent No.1 in person.

None for respondents Nos. 3 to 4.

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IRSHAD ALI SHAH, J.- The facts in brief for disposal of instant Civil Revision Application are that respondent Muhammad Eisa filed a suit for cancellation of sale deed, statements and entries in revenue record etc, before learned Senior Civil Judge Ubauro. It was decreed by way of judgment dated 28-02-2013, an appeal was preferred by the applicant against such judgment and decree, it was dismissed for non prosecution by learned Additional District Judge Ubauro on 06-08-2014. The applicant sought for restoration of his appeal by filing such application, it was also dismissed by learned appellate Court on 21-03-2016, such order is impugned by the applicant before this Court by preferring the instant Civil Revision Application.

2. It is contended by learned counsel for the applicant that the valuable rights of the applicant are involved; therefore, the appeal of the applicant was not to have been disposed of by learned appellate Court for non-prosecution. By contending so, he sought for setting aside of impugned order with direction to learned appellate Court to dispose of the appeal of the applicant on merits.

3. Learned counsel for the respondent Muhammad Eisa has sought for dismissal of instant Civil Revision Application by contending that no cogent ground has been advanced by the applicant for restoration of his appeal and the very decree has been executed.

4. Learned AAG and respondent Abdullah Bhutto in person have adopted the arguments advanced by learned counsel for respondent Muhammad Eisa.

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

6. Admittedly, the appeal was dismissed for non-prosecution, when it was fixed for service of some of the respondents. The restoration of the appeal was sought for by the applicant within time prescribed by law by advancing cogent reasons. The valuable rights of the parties apparently are involved in the instant litigation adjudication whereof was to have been based on merits, therefore, learned appellate Court ought not to have declined the restoration of the appeal of the applicant under any pretext. By such an act, the applicant obviously has been denied right of fair trial, which is guaranteed by Article 10-A of the constitution of Islamic Republic of Pakistan, 1973. Such right could not be denied to the applicant even by this Court under the pretext that the very decree has been executed.

7. In view of above, the impugned order is set-aside with direction to learned appellate Court to dispose of the appeal of the applicant on merits.

8. The instant Civil Revision Application is disposed of accordingly with no order as to costs. Judge

Nasim/P.A