AHMAD and 25 others vs GI4AMA and 5 others

ORDER

1. ' JAVED IQBAL, J.--- The Civil Miscellaneous Application bearing No,786 of 2004, preferred on behalf of petitioners for the restoration of Civil Petition No,711 of 2002 which was dismissed in default on 20-11-2003 revolve around the sole ground that the learned counsel and petitioners could not be informed by the Advocate-onRecord regarding fixation of the date and resultantly on the date of hearing, they both remained absent. It is an admitted feature of the case that the civil miscellaneous application filed for the restoration of civil petition is barred by 108 days for which no plausible justification could be furnished on the basis whereof such an inordinate delay could be A condoned. The serious ailment of Mr. Anwar H. Mir, learned Advocate-on-Record does not constitute a valid ground for condonation of such an inordinate delay. Respondents should not be deprived of their valuable and legal rights which they have acquired due to laches and negligence.

2. In this regard; we are fortified by the dictum laid down in cases titled "Rehmatullah and others v.

3. Ulas Khan and others 1968 SCM R 975, Abdul Hamid v. Chief Settlement Commissioner and others 1968 SCM R 120, Rahim Bux v. Settlement Authorities and others 1968 SCM R 78, Ahmad Din v. Mst.

4. Rasul Bibi 1968 SCM R 843. There is no cavil with the proposition that existence of laches is sufficient for B dismissal in limine of petition. In this regard if any authority is needed, reference can be made to cases titled Muhammad Sadiq and others v. The Commissioner,' Rawalpindi Division and others 1973 SCM R 422, Shahbaz Khan Mohamand v. Islamic Republic of Pakistan and another 1975 SCM R 4.

5. We have absolutely no hesitation in our mind that the petitioners failed to pursue their case vigilantly, vigorously and woke up from the deep slumber after 108 days which cannot be ignored without C sufficient justification which is badly lacking in this case. The civil miscellaneous application being meritless is hereby dismissed.