2011 SCMR 1535
Art. 185(2)---Civil Procedure Code (V of 1908), O.XLI, R.19---Appeal , restoration of---Dismissal for non-prosecution-Appeal filed by appellant was dismissed by High Court due to non prosecution and the same was not restored on account of unfair conduct of appellant---Validity---Relief of restoration was dependent upon showing good and sufficient cause of absence of appellant---Supreme Court did not find any exception with the judgment passed by High Court whereby it declined to exercise its discretion in favour of appellant for non-existence of a good cause---Discretion so exercised by High Court was neither arbitrary nor erroneous---Appeal was dismissed.
Art. 185(2)---Civil Procedure Code (V of 1908), O.XLI, R.19---Appeal , restoration of---Dismissal for non-prosecution-Appeal filed by appellant was dismissed by High Court due to non prosecution and the same was not restored on account of unfair conduct of appellant---Validity---Relief of restoration was dependent upon showing good and sufficient cause of absence of appellant---Supreme Court did not find any exception with the judgment passed by High Court whereby it declined to exercise its discretion in favour of appellant for non-existence of a good cause---Discretion so exercised by High Court was neither arbitrary nor erroneous---Appeal was dismissed.
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