' ANWAR ZAHEER JAMALI, J. Granted.
2. Through this application under Order IX, Rule 7, C.P.C., petitioner has sought restoration of this petition which was dismissed for non-prosecution on 20-9-2007. The application is accompanied with the personal affidavit of Mr. Ghulam Shabbir Baloch, the then Advocate for the petitioner,, wherein he has stated that he was not aware about the fixation of the petition on the said date.
About the absence of petitioner, it has been disclosed that the he had gone to his native place, therefore, he was not informed.
We feel that such pleas taken by the petitioner and his counsel, Mr. Ghulam Shabbir Baloch, are not tenable for the reason that the case had appeared in the daily cause list of the High Court, therefore, it was the professional obligation of Mr. Ghulam Shabbir Baloch, Advocate, that he should have noted the hearing of this case for 20-9-2007. Further it was for the petitioner to have been vigilant in pursuing his case as held in the case of Zulfiqar Ali v. Lal Din and others 1974 SCM R 162 which lays down the principle that mere engagement of a counsel by a party will not absolve him of his personal responsibility to pursue the matter vigilantly. Besides, this application is also time- barred and no application has been moved for seeking condonation of such delay. In the counter affidavit on behalf of the respondents such pleas have been taken which are duly supported with the case record. Accordingly, we find no merits in the application, which is dismissed.