ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Revision No. S – 44 of 1996

Date of hearing

Order with signature of Judge

Application in disposed of matter

1. For orders on CMA No.577/2021 (LRs)

2. For hearing of CMA No.450/2019 (Restoration)

30-08-2021

Mr. Hadi Bux Bhatt, Advocate for the applicants.

Mr. Muhammad Rafique, Advocate for respondent No.2.

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On 09-08-2021, the following order was passed:

“While confronted as to maintainability of this application in view of para No.1 of the said application, counsel seeks time to place on record the cause list as well as the order passed on 14‑03-2019 in some other case in which the counsel was busy. Reluctantly, at his request and in the interest of justice, time is allowed. He is directed to place on record such documents.

Adjourned to 30^th August 2021.”

Today, Counsel for the applicants has frankly conceded that he is not in possession of any cause list as he was not busy before any other Bench of this Court.; however, has made an attempt to argue that a revision application cannot be dismissed in non-prosecution, and in support, he has relied upon Muhammad Sadiq v. Mst. Bashiran and 9 others (PLD 2000 Supreme Court 820).

I have heard the learned Counsel. Since no cause list of fateful day has been shown to the Court to justify recalling of the order whereby this Revision Application has been dismissed; no case is made out. As to reliance on the aforesaid case I may say that Counsel has not assisted the Court properly; inasmuch as subsequently, the Hon’ble Supreme Court in the case reported as Ghulam Qadir v. Abdul Wadood (PLD 2016 SC 712), has been pleased to hold that a revision application can even be dismissed after its admission, therefore, no case is made out. Accordingly, this application is hereby dismissed.

J U D G E

Abdul Basit