ORDER TANVIR AHMED KHAN, J.- Leave to appeal is sought against the order dated 28.1.1002 of the learned Single judge of the Lahore High Court, Lahore, whereby C.M. No. 1/2001 filed by the petitioner for the restoration of Civil Revision No. 1306 of 1990 dismissed for non-prosecution on 13.9.2001 was rejected.
2. It is argued by the learned counsel that the petitioner was represented by Mr. M. Bilal Khan, Advocate, who was appointed as an Additional Advocate-General. The petitioner could not appear on 13.9.2001 as his said learned counsel did not inform him. His application for restoration has simply been dismissed by the learned Single judge on the ground that he was also represented by another counsel namely It. Col (Retd.) Ashfaq Ullah Khan, Advocate. Leamed counsel has submitted that said Ashfaq Ullah Khan is no more in practice and as such in these circumstances the petition merits acceptance.
3. We have considered the contentions raised above and have gone through the documents appended with this petition. Mr. Shahid Hameed, Secretary, Market Committee, Faisalabad, has entered appearance in response to the Court's notice. He could not controvert the position that the main counsel of the petitioner namely Mr. M. Bilal Khan, Advocate, who was acting for and on behalf of the petitioner, had since been appointed as Additional Advocate-General. The circumstances demonstrate that there was no deliberate omission on the part of the petitioner to prosecute his civil revision, subject-matter of this petition. Apart from this it is the consistent practice of this Court that the matters shall be decided on merits and technical knock-out should sparingly be resorted to.
4. In these circumstances we accept this petition and convert the same into appeal; set aside the order dated 28.1.2002 of the learned Single Judge of the Lahore High Court, Lahore, with the result that the civil revision filed by the petitioner in the High Court would be deemed to be pending before it and would be decided on merits. The appeal stands disposed of in the above terms with no order as to costs.