1. WAHIDUDDIN AHMAD, J.-The petitioners filed Writ Petition No. 1207 of 1967 which came up for hearing before a learned Single Judge of the West Pakistan High Court, Lahore, on the 27th June 1969. The petitioners and their counsel being absentee, the writ petition was dismissed in default at about 9-40 a.m. Thereafter, the petitioners moved an application for restoration of the writ petition but the same was dismissed on the 30th June 1969, on the ground that the explanation given by the petitioners' counsel was not correct. The learned Single Judge observed that the Junior of the petitioners' counsel was not present at the time when the case was called in Court nor did he inform that Mr. Almas Ali was coming. He further observed that it was wrong that Mr. Almas came to the Court within a couple of minutes thereafter. The matter was then taken before the Letters Patent Bench of the West Pakistan High Court and the appeal was dismissed in limine on the 23rd July 1969. A Division Bench of the West Pakistan High Court agreed with the view of the learned Single Judge and found no ground to condone the absence of the petitioners and their counsel.
2. The petitioners seek permission to file an appeal against the said order.
3. It is contended on behalf of the petitioners that the learned Court below should have condoned the absence of the petitioners' counsel and restored the writ petition for final hearing. We have gone through the orders of the learned Single Judge and the Letters Patent Bench and are satisfied that on the facts of the present case they have exercised the discretion vested in them properly. There is no ground to interfere with that discretion.
4. On merits, the petitioners have no case. The allegation is that the property in dispute is an evacuee trust property. If that is so, it is for the Evacuee Trust Board to take action against the respondents.
5. The petitioners have no locus stand Accordingly, the petition is dismissed.