NEMAT ALI and others vs Malik HABIB ULLAH and others
This civil miscellaneous application seeks the restoration of a civil petition that was previously dismissed for non-prosecution due to the absence of the petitioners' counsel. The core legal question concerns whether sufficient and satisfactory cause has been shown for the counsel's non-appearance at the time the matter was called. The Supreme Court held that the application for restoration should be allowed, as the absence was adequately explained by the counsel's sudden departure to attend to his son's medical emergency, supported by an affidavit. Consequently, the Court laid down the principle that an inadvertent default by counsel arising from genuine unforeseen personal or medical emergencies constitutes sufficient ground for restoring a dismissed matter in the interest of justice.
- Whether the absence of a counsel due to a sudden medical emergency of a family member constitutes sufficient cause for restoring a petition dismissed for non-prosecution?
- Can a civil petition dismissed for non-prosecution be restored upon an application supported by the affidavit of the counsel whose absence caused the dismissal?
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.---Civil Petition No,1373-L of 1999 was dismissed by this Court for non-prosecution through an order dated 28-5-2002 on ground of the non-appearance of Rana Nasrullah Khan, the learned Advocate Supreme Court who was to assist in this Court in the said civil petition on behalf of the petitioner.
2. C.M.A. No,1103-L of 2002 seeks restoration of the said civil petition on the ground that Rana Nasrullah Khan, Advocate Supreme Court had to suddenly leave the Court to attend to his son who had some medical problem and was being examined by doctor. This application is supported by an affidavit sworn by Rana Nasrullah Khan, Advocate Supreme Court confirming the above noticed ground for his absence from this Court at the time when the civil petition in question was called and was dismissed for non-prosecution.
3. Mr. Manzoor Hussain Butt appears for the respondents and has been heard.
4. In view of the above noticed situation which is supported by an affidavit from a learned Advocate of this Court, C.M.A. No,1103-L of 2002 is allowed. Civil Petition No,1373-L of 1999 is restored to its original number and shall be listed for hearing in due course. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.