1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal by the plaintiff side in a declaratory suit is directed; against the dismissal by the High Court, of her appeal regarding a default order passed by the learned District Court.
2. ' Plaintiff's (petitioner's side) suit was dismissed by the trial Court. On appeal the learned District Court did not decide it on merits. It was dismissed in default of appearance. The appplication for restoration of the appeal was also dismissed by the District Court. Accordingly the petitioner filed an F.A.O. In the High Court which having been dismissed she has sought leave to appeal.
3. ' The main consideration which weighed with the learned Judge in the High Court was that the petitioner having engaged a counsel in the appellate Court to pursue the appeal, had failed to give any explanation for the absence of her counsel. Learned counsel contends that this approach of the High Court has prejudiced the petitioner and also resulted in injustice. According to him the petitioner wanted to appear in Court on the relevant date of hearing so as to pursue the appeal; but on account of an unfortunate incident she could not reach and thus the appeal was dismissed for default in her absence. The argument proceeds that if she would have reached the Court and had appeared, notwithstanding the absence of the counsel, the appeal could not have been dismissed.
4. ' On merits of this plea learned counsel contended that the High Court had not rejected it in so far as its factual aspect is concerned. It has, therefore, been submitted that the petitioner's explanation for her absence, if accepted, would neutralise the effect of the absence of her lawyer.
5. ' This and the other pleas taken in this petition together with related questions including that of limitation require examination. Leave to appeal, accordingly, is granted.
6. ' Security Rs,5,000.
7. ' Appeal shall be prepared on present record with direction to the parties to file all essential documents.
8. ' Status quo shall be maintained subject to notice.