' Civil Miscellaneous No,1596/C of 2000 ' Learned counsel for the petitioners has relied on a judgment of the Supreme Court reported in PLD 2000 SC 820 to contend that the dismissal of civil revision after its admission for non-prosecution is not legally well-recognized and that Court have leaned in favour of deciding the issues on merit.
2. Learned counsel for the respondent has opposed the petition by submitting that legal heirs only one of the petitioners has filed this application and that their conduct has been contumacious.
3. It is well-settled principle of equity that subject to all just exceptions the cases should be decided on merit. In view of the law laid down in the judgment referred to above and the reason given in the application this civil miscellaneous it is allowed and the civil revision is restored to its original number. Learned counsel for both the parties shall file amended memo. Of parties within ten days and the office shall issue notice to the newly-added petitioners and respondents for a date in March, 2001. Civil Miscellaneous is disposed of.
Civil Miscellaneous No,1597/C of 2000
4. In view of the order passed in Civil Miscellaneous No, 1596/C of 2000, learded counsel for the petitioner- applicant does not want to press this application which is disposed of as not pressed.
Civil Miscellaneous No,1598/C of 2000
5. Subject to all just exceptions this is allowed and disposed of.