'KHALIL AHMAD, J.---This is an application under Order IX read with section 151, C.P.C. For recall of order dated 26-1-2007, revival of C.M. No,912-C/2001 and hearing of Civil Revision on merits.
Applicant has urged that his counsel Mr. Ehsanullah Khan Lilla, Advocate had died and no notice was served upon him and there is only a report of Chaspangi which cannot be termed as a proper service on the applicant/petitioner because petitioner had no notice of fixation of C.M. No,912- C/2001 before this Court on 26-1-2007.
2. This Court on 21-12-2006 has passed an order that unfortunately Mr. Ehsanullah Khan Lilla, Advocate for the petitioner has expired. Office shall issue fresh notice to the petitioner for arranging his representation. Thereafter, said C.M. Cam up for hearing on 26-1-2007.
3. On the said date, Process Server reported that the petitioner on getting the news disappeared and refused to accept the notice therefore Chaspangi was duly affected. The Process Server also submitted his affidavit. This Court rightly passed order that the petitioner has refused to accept service and defaulted to appear despite Chaspangi.
4. Pre-admission notice in the Civil Revision was issued on 3-8-2001. On 13-9-2001 and 19-9-2001 adjournment was sought by the learned counsel for the petitioner. On 5-11-2001, Civil Revision was dismissed for non-prosecution. On 29-11-2001 Mr. Ehsanullah Khan Lilla, Advocate filed C.M. No,912- C/2001 for recalling dismissal order dated 5-11-2001. C.M. Was fixed for 21-12-2006 when on account of death of Mr. Ehsanullah Khan Lila, Advocate notice was ordered to be issued to the petitioner and thereafter Chaspangi was affected by the Process Server. No ground for recalling order dated 26-1- 2007 is made out. The petition is dismissed.