This is an application for the restoration of Writ Petition No. 322 of 1984 dismissed for non- prosecution on 3-7-1984.
2. It is contended that the absence was not wilful but was due to the fact that it did not appear in the cause list issued by the office on 28-6-1984 for the work commencing from 3-7-1984. Further that the son of Mr. Khadim Nadeem Malik, counsel for the petitioner, had fallen ill a day before Eid and so when he came to the Court at about 2.00 p. m. On 3-7-1984 he learnt about the dismissal of the writ petition. In support of the application the affidavit of Mr. Khadim Nadeem Malik, Advocate has also been submitted.
3. The learned A.A.-G. Has opposed the application. According to him the petitioner had full notice of the date of hearing because on 27-6-1984 the petition was adjourned to 3-7-1984 and in this view of the matter there was no justification at allfor the non-appearance of the counsel for the petitioner.
4. I had enquired from the office as to why the case was not listed in the cause list. According to the dealing clerk the case was received in the writ branch on 27-6-1984 when the regular motion cause list for the week commencing from 3-7-1984 had already been issued. Consequently the cause was listed in the supplementary cause list prepared on 28-6-1984. There were Eid holidays from 29-2-1984 to 2-7-1984 and that it was pasted on the notice board on 28-6-1984.
5. Learned counsel for the petitioner has cited Anwarul Haq Khan v. Ch. Jamal Din and others 1982 SCMR 463 where it was held if the name of the petitioners counsel does not appear in the cause list the absence of the petitioner's counsel to appear on the date fixed is excusable.
6. In the circumstance narrated above I consider that the absence) of the learned counsel for the petitioner was not deliberate and is excusable. The learned counsel might have been misled by not finding the case listed in the cause list issued for the week commencing from 3-7:1984. He also could not have notice of the supplementary cause list issued on 28-6-1984 because of the intervening Eid Holidays Consequently in the interest of justice, I grant the application and restore the writ petition.
7. The operation of impugned notification is suspended so far as the petitioner is concerned.
8. As the petition involves a fiscal matter, it should be fixed for hearing at an early date.
H . B . T .Writ restored.