' This order is intended to dispose of the above captioned application seeking restoration of the above titled petition which was dismissed for non-prosecution on 17.09.2014, 2.The contention of the applicants/petitioners is that their counsel could not appear before this Bench of the Commission on the date fixed as his real son had to undergo appendix operation in PIMS Hospital Islamabad whereas the applicant/petitioner was also suffering from sickness and remained unable to attend the hearing on the said date. Since non-appearance at the end of the applicants/petitioners as well as their counsel was not intentional or deliberate, and valuable rights of the applicants/petitioners are involved in the petition, therefore by setting-aside order dated 17.09.2014 the original petition may be restored for decision on merits.
3.On the other hand Respondents No, 1 & 2 resisted the application on the ground that the application has been filed beyond 30 days and after approximately three months six days which is hopelessly time barred. Further no reason for this inordinate delay in filing the application beyond mandatory statutory period has been mentioned and it has also been contended that mere engagement of counsel is not enough as both counsel as well as party has to diligently pursue and attend the case and even the petitioners have not filed their personal affidavits which indicates that they are not interested in pursuing their cause. As the petitioners and their counsel remained absent during the proceedings, therefore the case was rightly dismissed for non-prosecution.
4. The Respondents No, 3 & 4 also relied upon the reply submitted by the Respondents No, 1 & 2.
5. I have heard arguments of the learned counsel for the parties and also perused the record with their able assistance.
6. Perusal of the record shows that the main case/petition Bearing No, 4-B(14)/2013 was dismissed for non-persecution on 17.09.2014 while the instant application has been moved on 23.12.2014. The period of limitation prescribed for filing of such application is 30 days whereas the instant application has been moved after approximately three months and six days, which is hopelessly time barred. No reason whatsoever of this inordinate delay in filing the application beyond the mandatory statutory period has been put forth nor any application for condonation of delay has even been moved. Further the main case/petition was filed by two petitioners namely Shaukat Shafi Dar and Naveed Kiyani. Netither they nor their counsel put their appearance on 17.09.2014 and as such the case was dismissed for non-prosecution undoubtedly learned counsel for the applicants/petitioners has filed his affidavit in support of the contents of the application showing explanation of his absence from the Court proceedings on 13.09.2014 but there is nothing on record from the applicants/petitioners side showing any sufficient cause of their nonappearance on the said date in the shape of personal affidavits or sickness certificates. Mere engagements of the counsel is not enough as both counsel as well as party has to diligently pursue and attend the proceedings as held by the Honorable Supreme Court of Pakistan in 1982 SCMR 1229, 1974 SCMR 162, PLD 2001 Supreme Court 49 and PLD 1981 Karachi 645. Further the litigants are also under duty to see that their matter are prosecuted properly and diligently as held 1974 SCMR 162. It is not out of place to mention here that even earlier the petition was dismissed for non-prosecution on 17.12.2013 and was restored on 27.02.2014. This conduct of the applicants/petitioners shows that they were not interested in the further progress of their case.
7. For the forgoing reasons, the application merits dismissal and same is hereby dismissed.