M. S. H. QURAISHI, J.-The petitioner had challenged the transfer order dated 15th October, 1960 passed in favour of the predecessor-in- interest of the respondents and the consequential P. T. D.
Issued on 11th May, 1.967, through Writ Petition No. 903/11 of 1979. The petition was dismissed for non- prosecution on 5th March, 1960. An application was moved for its restoration but the learned Judge not satisfied with the explanation offered directed the petitioner's counsel on 6th July, 1980 to furnish affidavit as to what had prevented him from appearing in the case. The affidavit was not furnished until 30 September, 1980, with the result that the application was dismiss--ed. A fresh application for restoration moved after about a month was dismissed on 26th November, 1980. The petitioner, there--upon, moved Writ Petition No. 53/11 of 1981 but the same, too, was dismissed in limine by the impugned order dated 24th February, 1982 holding that the subsequent wait petition was no more than (an attempt to have the previous order reviewed for. Which there was no justification and that the impugned transfer order and the P. T. D. Having issued long way back, the writ petition also suffered from ]aches. Aggrieved, the petitioner seeks leave to appeal.
2. It is contended that the earlier writ petition having been dis--missed for non-prosecution, the petitioner was, under Order IX, rule 4, C. P. C., entitled to move a fresh one which could not be called a review. Reliance for this was placed on Mahboob-ur-Rehman v. Government of West Pakistan (PLD 1968 Lab. 1085), Ramzan A.I Premji Khoja v. Kassim Brothers & Co. (PLD 1957 Kar. 224) and Atta Muhammad v. Rehmat A.I (PLD 1.967 Lab. 372). The contention may be correct, but the fact remains that the attempt to challenge in 1981 a transfer order issued as far back as 1960 and a P. T.
D. Issued in 1967 was very belated. The High Court was, therefore, not Unjustified in refusing-toth exercise the discretionary jurisdiction in favour of the petitioner. The petition has no merit and is accordingly dismissed.