Ch. Muhammad Ibrahim Zia, C.J.- The captioned applications have been filed for restoration of the appeals No.75 and 159 of 2018 dismissed in default on 22.1 1.2018.
2. Mr. Khalid Rasheed Chaudhary , Advoc ate, the learned counsel for the applicants stated that the default was not intentional rather it was due to some emergency . On the date of passing of the impugned orders, he was present in the Court, however , he had to go out of Court to washroom. By the time he returned back the orders of dismissal for want of prosecution were passed. The applications have been filed just after two days and are supported by his personal af fidavits, therefore, the impugned orders be set-aside while restoring the appeals to original numbers.
3. Conversely , Mr. Muhammad Jamil Chaudhary , Advocate, the learned counsel for the respondents submitted that no suf ficient cause has been mentioned in the applications, therefore, the same are liable to be dismissed.
4. We have heard the learned counsel for the parties and gone through the record. The appeals were dismissed for non-prosecution on 22.11.2018. The titled applications for restoration of the appeals have been filed within two days, which shows the bonafide of the applicants. The reason mentioned in the applications for non-appearance is sufficient. The contents of the applications are supported by the affidavits of counsel for the applicants, whereas, no counter affidavit has been filed to rebut the same. Ordinarily, due weight age has to be given to the personal affidavit of the counsel. In this state of affairs, while accepting these applications the impugned orders dated 22.11.2018 are set-aside and the appeals No.75 and 159 of 2018 are restored to original numbers. The office shall place the files before the Court after due notification of date of hearing to the counsel for the parties.
These applications are accepted in the above terms with no order as to costs.