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1988 MLD 2888

MAHAM ALI vs NIAZ AHMAD and others

Citation1988 MLD 2888
CourtLahore High Court
Case No.Civil Revision No, 1241 of 1987
Date1987-08-04
Judge(s)Chaudhry Muhammad Sharif
ResultRevision dismissed

ORDER

' The revisional jurisdiction of this Court has been invoked to set aside the order dated 28-6-1987 pronounced by Mr. Muhammad Salim Qureshi, the learned Additional District Judge, Okara, who had dismissed the application of the petitioner intended for the restoration of the appeal.

2. The petitioner had instituted a pre-emption suit which was dismissed and he lodged an appeal before the learned Additional District Judge, Okara. No body appeared on 24-3-1987 and the appeal was dismissed in default. Instead of filing a petition for the restoration of the appeal, the petitioner went up in revision before this Court. The petition for restoration of the appeal was filed on 17-6-1987 i,e, after about three months. The petition was barred by time and the application intended for the restoration of the appeal was dismissed by means of this impugned order.

3. It has been submitted that the learned counsel for the petitioner wrongly went up in revision against the order of dismissal in default of the appeal and much time was consumed in the High Court. There should be a bona fide mistake on the part of the petitioner or his learned counsel. The Civil Revision obviously did not lie before a petition for restoration of dismissed appeal was filed.

The petitioner did not prosecute the proceeding before this Court in good faith and the ignorance of law on the part of his lawyer is not condonable. The learned Additional District Judge has not committed any illegality or material irregularity in the exercise of jurisdiction as envisaged under section 115, C.P.C. I, therefore, see no merit in this revision petition and dismiss the same in limine.

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