1. SHAFIUR RAHMAN, J.--The petitioners seek leave to appeal against the judgment of the Lahore High Court, dated 16-6-1979 whereby an application filed by them for restoration of their appeal which was dismissed in default and for non prosecution was itself dismissed.
2. The petitioners had filed a regular second appeal in the High Court which was properly listed for hearing on 8-5-1979. On that date the appeal was called out thrice and was kept in waiting but was ultimately dismissed on account of non-appearance of the petitioners and their counsel at 1- 30 p.m. By to applications filed by the petitioners on 14-6-1979 the petitioners sought restoration of the appeal and the condonation of the delay in making application for the restoration. The only ground urged was that the learned counsel representing the petitioners in the High Court had omitted or failed to notice the listing of the appeal.
3. The learned Judge in the High Court relying on Iqbal Ahmad v. Mst. Sharif-un-Nisa and others PLD 1967 Lah. 1098 and Sawab Khan v. Dr. Abdul Hamid Khan PLD 1968 Lah. 1224 dismissed both the applications considering the ground given as insufficient.
4. The learned counsel for the petitioners has nothing further to add to what has been noted by the learned Judge in the High Court. His contention is, however, that it was a human error on the part of the learned counsel to have missed the case from the list and some indulgence should have been shown and the petitioner should not have been made to suffer for it.
5. The learned Judge in the High Court has examined all aspects of the case and has taken a view of the matter which is unexceptionable. The exercise of discretion by the High court is not open to further scrutiny and leave to appeal is, therefore, refused.