C.M. No,4570 of 2009 C . M. No,4571of 2009 ' IJAZ-UL-AHSAN, J.--- Through C.M.No,4570 of 2009, the petitioner seeks restoration of the petition.
Which was dismissed for non-prosecution on 10-2-2009. C.M.No,4572 of 2009 has been filed for condonation of delay in filing the application for restoration of the writ petition.
2. The only ground asserted by the petitioner in support of the application for restoration of the writ petition is that his learned counsel had left for higher education abroad.
3. No date has been given to show as to when the learned counsel left.
4. It has been contended that the petitioner was unaware of the dismissal of the petition and such dismissal came to his knowledge from the learned executing Court when a copy of the dismissal order of the petition was presented by learned counsel for the respondent.
5. No exact date of such knowledge has been disclosed when the petitioner came to know about the dismissal of the petition.
6. The learned counsel appearing for the respondent has vehemently opposed the applications on the ground that the petitioner was indolent and careless. He has referred to the record of this Court, which indicates that intimation regarding dismissal of the writ petition was dispatched by the Assistant Registrar (Writ) of this Court on 1-3-2009. The learned counsel submits that even if the limitation is reckoned from the said date, the application is barred by almost 9 months for which no plausible explanation has been given.
7. I have examined the record as well as the order sheet, which indicates that the petitioner has not been vigilant in pursuing the matter. Indolence and carelessness is apparent from the conduct of the petitioner. No plausible reason or explanation has been provided in the application for the long delay in moving the application for restoration of the petition. There is no valid ground to condone the delay.
8. In this view of the matter, I find no merit in these applications, which are dismissed.