AFTAB HUSSAIN Versus KARACHI PORT TRUST through Board of Trustees

ORDER

1. DR. QAMARUDDIN BOHRA, J.--- The C.M.A. No.5924 of 2007 is for restoration of two earlier applications under O.XXXIX rules 1 and 2 and another contempt application, which were dismissed vide order dated 9-4-2007 in non-prosecution. Though learned counsel for the plaintiff was present on the previous date for hearing in the Court but he did not pursue the same and now restoration application is time-barred by 72 days. Whereas, Mr. Sabir Hussain Advocate for the plaintiff has filed his personal affidavit stating that in the earlier hours he attended his case, being suit No.1042 of 1999 but he could not note the aforesaid suit in the cause lists due to oversight as he was alone in his office and he had no Court Clerk, with the result, the applications fixed for hearing had been dismissed for non-prosecution. He further contended that under Article 181 of Limitation Act three years provided, as such the application for restoration is not time-barred.

2. In the light of the above and in the interest of justice C.M.A. No.5924 of 2007 is allowed and both the earlier applications i.e. C.M.A. No.1227 of 2006 and C.M.A. No.1344 of 2006 are restored to their original stage in number. The Advocate for plaintiff is directed to file proposed issues, if any. Adjourned to a date in office for hearing of applications and issues.

3. H.B.T./A-134/K Application allowed.