JUDGMENT RANA BHAGWANDAS, J.- Petitioner seeks leave to appeal against Sindh High Court order dated 29.3.2004 declining to restore civil revision dismissed on 31.1.2003 for non-prosecution.
2. The main ground which weighed with the learned Judge in Chambers of the High Court for non- suiting the petitioner appears to be that though his counsel died in January, 2003 and he obtained retirement from Railway Service on 31.3.2003 he did not keep track of the proceedings by keeping away from the Court, lt was only on 25.2.2004 that an application for restoration of revision petition was moved before the High Court which has been declined.
3. After hearing Mr. Kishanchand, ASC for the petitioner we are convinced that by declining to restore the revision petition after a delay of more than 13 months High Court neither committed any illegality nor acted with material irregularity causing injustice to the petitioner. If the petitioner had chosen to remain lax, lethargic and indifferent he is not entitled to any indulgence of the Court in the matter of restoration as by passage of time the order has attained finality and a valuable right vests in the party successful at the litigation. We are supported in our view by the dictum laid down in the Allah Bachai and others v. Fida Hussain and others (2004 SCM R 615).
4. There is thus no ground for interference by this Court. Petition is accordingly dismissed.