Mst: Shaista Bano (Petitioner) VS P.O Sindh & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D-728 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on MA-8832/19

Mr.Shabbir Hussain Hashmi, advocate for petitioner. Mr. Muhammad Ismail Bhutto, Additional Advocate General, Sindh.

The petitioner by way of listed application has sought for restoration of the instant petition, which was dismissed by this Court on 06.08.2019 for non-prosecution.

It is stated by learned counsel for the petitioner that the petitioner could not attend this Court timely for the reason that she gone to Karachi to attend the funeral ceremony of her near relative and her counsel came in Court bit late. No proof is filed by the petitioner, which may suggest that she on the date of hearing was at Karachi to attend funeral ceremony of her relative. No affidavit is filed by the learned counsel for the petitioner, which may suggest that he came before the Court bit late, when the instant petition was called for hearing. No doubt, the petition dismissed for non-prosecution can be restored to 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, which may justify this Court to restore the instant petition for its regular hearing at the cost of its precious time. The law favours diligent and not negligent litigant. Consequently, the listed application is dismissed in limine.

JUDGE

JUDGE

Ahmed/Pa,