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2007 SCMR 1940

ALLAH DEWAYYA and others vs BAKA through L.Rs, and others

Citation2007 SCMR 1940
CourtSupreme Court of Pakistan
Case No.C.M.A. No,3716 of 2005 in Civil Appeal No,1902 of 2001
Date2006-03-10
Judge(s)Hamid Ali Mirza, Karamat Nazir Bhandari
ResultApplication dismissed

ORDER

' This application for re-admission of Civil Appeal No,1902 of 2001 which was dismissed in default on 18-7-2005 is put up for consideration.

2. The appellant has shown ground in paras.3, 4 and 5 of the application for non-appearance on the date of hearing of appeal, i,e, 18-5-2005 when the appeal was dismissed by this Court.

3. It is stated by learned counsel for the respondents that Mst. Ghulam Fatima died on 6-8-2004 as such she remained alive for about three years after the grant of leave to appeal by this Court.

Copies of paper books as required to be supplied under Order XIV, rule 4 of the Supreme Court Rules, 1980, could not be filed, hence summonses were issued against the petitioner when the matter was placed in Court and on the said date when neither any explanation. To the non-filing of paper books was furnished nor any one appeared on behalf of the appellant. In case Mst. Ghulam Fatima had expired then Advocate-on-Record at least could have entered his appearance or the appellant Allah Dewayya or anyone of the petitioner could have appeared before the Court. In the circumstances, we find no sufficient cause is shown for the purpose of setting aside the impugned order of dismissal. We find no merit in this application which is dismissed accordingly.

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