Constitution Petition No.D-1850 of 2010
Date Order with signature of the Judge
1. For order on CMA No.4219/2013 (Urgent).
2. For order on CMA No.4220/2013 (U/S.151 CPC).
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Mr. Zulfiquar Ali Langa, Advocate holds brief for Mr.Shahab Sarki, Advocate for Petitioner.
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1. Urgency is granted.
2. Through this application the petitioner seeks setting aside of order dated 28.01.2013 whereby his application seeking review of consent order dated 18.01.2011 was dismissed on account of non-prosecution.
Counsel contends that his senior counsel, who was representing the petitioner, was busy before another bench, therefore, he was not in a position to effect appearance and consequently review application was dismissed on account of non-prosecution. However, the order dated 28.01.2013 reflects that numbers of adjournments were allowed and on 26.11.2012 it was observed that in case request for adjournment is made on the next date of hearing same would be declined and order in accordance with law would be passed, despite adjournment was sought and review application was dismissed. Beside the petitioner has filed review application on 17.2.2011 (CMA No.2289/2011) to seek review of consent order dated 18.01.2011 which is not only time barred but incompetent as well. No ground for restoration of review application is made out, therefore, the application is dismissed.
JUDGE
JUDGE