SH. AZMAT SAEED, J. - This Civil Revision is directed against the judgment dated 20.12.2008, whereby the appeal filed by the present petitioners against the order dated 26.11.2008 was dismissed.
2. Brief facts leading to the filing of this Civil Revision are that the petitioners filed a suit against the respondent which was fixed for hearing on 22.7.2008 for recording of the evidence of the petitioners. The petitioners did not enter appearance and the suit was dismissed in default. The petitioners filed an application for restoration of the suit which was dismissed, vide order 26,11.2008.
Aggrieved, the petitioners filed an appeal which failed to find favour and was dismissed, vide the impugned judgment dated 20.12.2008.
3. The counsel for the parties have been heard and record, appended with this petition, has been perused.
4. The ground taken for restoration was that the counsel had incorrectly written the date of hearing, It has been noticed that the application was not supported by an affidavit of the learned counsel.
Before the Trial Court, neither a copy of the diary nor of the file of the petitioners' counsel was filed, In the above perspective, the application for restoration was dismissed and the appeal also dismissed. In the facts and circumstances of the case, the petitioners could not substantiate the reason for non-appearance, hence the petition was rightly dismissed. There is no illegality or material irregularity in the exercise of jurisdiction by the two Courts below warranting interference by this Court in exercise of its revisional jurisdiction. The petition is without any merit and is hereby dismissed.