1. TARIQ JAVAID, J. --- This application has been filed against order dated 24.2.2005 whereby C.M. No. 70/2004 for restoration of civil revision was dismissed for non-prosecution on 8.12.2003, Learned counsel for the applicants submits the name of Ch. Abdul Ghaffar,' Advocate, who was then representing the applicants did not appeal in the cause list, therefore, he was prevented appearing from the said date of hearing. An affidavit in this regard sworn by the said Advocate has also been annexed with the application. The copy of the list for 24.2.2005 is also annexed, which does show that the name of the counsel for the applicants was not reflected in the cause list. However, this application for restoration of the case has been filed on 24.4.2009 i.e. After expiry of four years.
2. Ordinarily the application supported by affidavit of the learned counsel is almost variably accepted unless it is controverted by the affidavit of the learned counsel for the opposing party. I have no hesitation in accepting the affidavit of the learned counsel, who was engaged at that point in time. However, it still remains to be explained that application for restoration of the case has been filed after four years and two months after passing of the order. In fact C.M. No. 70/2004 was filed for restoration of the main revision, which was dismissed on 8.12.2003. C.M.No. 70 of 2004 also suffers from latches. Since the case had already been dismissed for non-prosecution, the applicants could have been more vigilant and checked with the office about the fate of application filed for restoration of the earlier application for restoration of the main case. It appears that the applicants are not vigilant. They slept over the case for years at a stretch. Ordinarily the miscellaneous applications are fixed within ten weeks or at the latest in twelve weeks time. The learned counsel for the applicants as well as the petitioners himself would have been vigilant to ask the office for non-fixation of the C.M. For restoration of the case for such a long time. The application badly suffers from latches, therefore, it is dismissed.
3. Restoration .