Ghulam Mustafa (Petitioner) VS P.O Sindh & Other (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D-1340 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on MA-12207/19

2.For orders on MA-12208/15

Mr. Fayyaz Ahmed Laghari, advocate for petitioner.

1.Urgency granted.

2.The petitioner by way of listed application has sought for restoration of his petition, which was dismissed by this Court on 12.11.2019, for non-prosecution.

It is contended by learned counsel for the petitioner that he could not attend this Court timely for the reason that he was busy before another bench of this Court, in time fixed matter. No such proof in documentary shape is filed by learned counsel for the petitioner. The petitioner has not been able to justify his absence before this Court on the date of hearing of his petition. It is true, that the petition dismissed for non-prosecution could be restored for its regular hearing but there could be no denial to the fact that such exercise could only be taken on the basis of advancement of sufficient cause and not otherwise. No sufficient cause is advanced by the petitioner or by his learned counsel, which may justify this Court to restore the instant petition at the cost of its precious time. The law favours diligent and not negligent litigant.

Consequently, the listed application is dismissed in limini.

JUDGE

JUDGE

Ahmed/Pa,