1. ' NADEEM AZHAR SIDDIQI, J.---Learned counsel for the defendant waives notice of the listed application and has endorsed his no objection for condonation of delay on the ground that learned counsel for the plaintiff has filed his personal affidavit.
2. ' The suit was dismissed for non-prosecution on 29-10-2007 when the same was fixed for hearing of application as well as for issues.
3. ' The restoration application was filed on 26-4-2008 on the ground that the learned counsel for plaintiff was on general adjournment as well as his name was not appeared in the cause list.
4. ' Learned counsel for the plaintiff has relied upon reported cases of (1) Muhammad Akram Khan v.
5. Mst. Shahzada Begum (1972 SCM R 410), (2) Mst. Begum v. Mst. Begum Kaniz Fatima Hayat (1989 SCM R 883) and (3) Muhammad Dawood v. The State (1986 SCM R 536).
6. The reasons assigned by learned counsel for plaintiff for condon the delay appear to be genuine and in vi of no objection endorsed by the lean counsel for defendant this application allowed and they delay in filing of restoration application is condoned.
2. By this application the plaintiff h prayed for restoration of the for non-prosecution on 29-10-2007.
7. ' Learned counsel for the defendant has no objection for restoration of the suit.
8. ' The reasons assigned in affidavits in support of the restore application appear to be genuine reasonable and sufficient cause restoration of the suit, hence application is allowed and the s restored to its original position.