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In The Court of MR Zafar Iqbal Learned Civil Judge 1 Class Lahore

The petitioner is seeking restoration of an application that was dismissed in default after the petitioner's counsel mistakenly noted the wrong court date in their diary. The petitioner argues that the mistake was made in good faith and is requesting that the previous order be recalled and the application be restored in the interest of justice.

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Moeen Aslam
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38 views6 pages

In The Court of MR Zafar Iqbal Learned Civil Judge 1 Class Lahore

The petitioner is seeking restoration of an application that was dismissed in default after the petitioner's counsel mistakenly noted the wrong court date in their diary. The petitioner argues that the mistake was made in good faith and is requesting that the previous order be recalled and the application be restored in the interest of justice.

Uploaded by

Moeen Aslam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF MR ZAFAR IQBAL LEARNED CIVIL JUDGE 1ST CLASS LAHORE

In re:
Amjad Ali Khan Vs. Waseem A Khan
(APPLICATION UNDER SECTION 12 (2) CPC)
APPLICATION ON BEHALF OF PETITIONER AMJAD ALI KHAN IN THE
CONTEMPLATION OF ORDER 9 RULE 9 CPC READ WITH SECTION 151 CPC FOR
RESTORATION OF THE ABOVE REFERRED APPLICATION DISMISSED IN DEFAULT
Respectfully Sheweth,
1) That the above referred application was filed by the petitioner and has
been pending adjudication before this honorable court for procuring of the
attendance of the respondents.

2) That lastly, the above referred application under section 12 (2) CPC was
fixed 14.02.2022 when nobody appeared on behalf of the respondents and
the same was adjourned to 25.03.2022.

3) That the counsel for the petitioner noted the above referred date in his
daily diary and when he appeared before this honorable court on the said
date, the application/ said matter was not fixed and on follow-up, it
revealed that the said application was in fact fixed on 19.02.2022 when
nobody appeared on behalf of the petitioner and it was thereupon
dismissed in default/non-prosecution.

4) That the non-appearance on the fateful day that is 19.02.2021 was not
intentional rather there occurred a serious misunderstanding and reception
about the actual date which was inadvertently noted and was accordingly
incorporated in the daily diary of the counsel as 25.03.2022 instead of the
actual date which was 19.02.2022.

5) That the above said lapse occurred bona fide and there was serious
inadvertence and misunderstanding about the actual date and its writing in
the daily diary and consequentially the petitioner/learned counsel for the
petitioner could not appear.

6) That the law favour adjudication of controversies on merits while the


petitioner has been knocked out on technical grounds and there was bona
fide mistake about the reception of actual date whereas valuable rights of
the petitioner are involved therefore if the said application is not restored
and the matter is not decided on its merits the petitioner is bound to suffer
irreparable loss and injury.

7) That when on the above said date which was mistakenly and inadvertently
noted as 25.03.2022 the time for moving this application was already
lapsed hence for the delay occurred which again cannot be exacted to the
petitioner/learned counsel for the petitioner, a separate application for
condonation of delay is also being submitted.

8) That an affidavit of the petitioner and a separate affidavit of the counsel are
enclosed and the relevant pages of the diary are also enclosed for the
perusal of this honorable court.

Prayer
In view of the above submissions, it is respectfully prayed that this application
may kindly be accepted and the application under section 12 (2) CPC dismissed in
default on 19.02.2022 may kindly be accepted by recalling the impugned order
and the said application of the petitioner may kindly be restored/revived on its
original number in the interest of justice and the status quo as granted earlier
may also kindly be revalidated in the interest of equity and fairplay.

Petitioner
Through
M Aslam Shahzad
Advocate High Court
26- B Sarwar Road Lahore Cantt
IN THE COURT OF MR ZAFAR IQBAL LEARNED CIVIL JUDGE 1ST CLASS LAHORE

In re:

Amjad Ali Khan Vs. Waseem A Khan


(APPLICATION UNDER SECTION 12 (2) CPC)
APPLICATION ON BEHALF OF PETITIONER AMJAD ALI KHAN IN THE
CONTEMPLATION OF ORDER 9 RULE 9 CPC READ WITH SECTION 151 CPC FOR
RESTORATION OF THE ABOVE REFERRED APPLICATION DISMISSED IN DEFAULT

AFFIDAVIT OF: Amjad Ali Khan S/O Fayyaz Ali Khan R/o 35 resident of 35 Babar
Block, New Garden Town Lahore

1. That the contents of the accompanying application may kindly be read as integral
part of this affidavit.
2. That the contents of the accompanying application are correct and true to the
best of my knowledge and nothing has been concealed therefrom.

Deponent

V E R I F I C A T I O N:-
Verified on oath at Lahore on this 28 th day of March 2022 that the contents of the
affidavit are true and correct to the best of my knowledge and belief.

Deponent
IN THE COURT OF MR ZAFAR IQBAL LEARNED CIVIL JUDGE 1ST CLASS LAHORE

In re:
Amjad Ali Khan Vs. Waseem A Khan
(APPLICATION UNDER SECTION 12 (2) CPC)
(APPLICATION ON BEHALF OF PETITIONER AMJAD ALI KHAN IN THE CONTEMPLATION OF ORDER 9 RULE
9 CPC READ WITH SECTION 151 CPC FOR RESTORATION OF THE ABOVE REFERRED APPLICATION
DISMISSED IN DEFAULT)

APPLICATION ON BEHALF OF PETITIONER UNDER SECTION 5 OF THE LIMITATION


ACT READ WITH SECTION 151 CPC FOR CONDONATION OF DELAY
Respectfully Sheweth,
1) That the petitioner is filling herewith the above said application for
restoration in which no date has further been fixed by this honorable court.
2) That the said application for restoration when it is being filed has become
barred for certain days for limitation while the said delay is not intentional
rather it all occurred due to inadvertence and mistake in noting down the
actual date fixed in the application under section 12 (2) CPC by the
honorable court.
3) That a bona fide mistake occurred in reception of the date and again it was
inadvertently noted wrongly in the daily diary of the learned counsel
therefore the said bona fide mistake is merited to be condoned.
4) That the relevant pages of the diary have also been annexed, affidavit of
the counsel and of the petitioner are also enclosed hence the said delay is
merited to be condoned having been taken place due to bona fide mistake.
Prayer
In view of the above submissions, this application may kindly be allowed and the
delay occurred in the filling of the application for restoration may kindly be
condoned/ extenuated in the interest of justice.

Petitioner
Through

M Aslam Shahzad
Advocate High Court
26- B Sarwar Road Lahore Cantt
IN THE COURT OF MR ZAFAR IQBAL LEARNED CIVIL JUDGE 1ST CLASS LAHORE

In re:
Amjad Ali Khan Vs. Waseem A Khan
(APPLICATION UNDER SECTION 12 (2) CPC)
(APPLICATION ON BEHALF OF PETITIONER AMJAD ALI KHAN IN THE CONTEMPLATION OF ORDER 9 RULE
9 CPC READ WITH SECTION 151 CPC FOR RESTORATION OF THE ABOVE REFERRED APPLICATION
DISMISSED IN DEFAULT)

APPLICATION ON BEHALF OF PETITIONER UNDER SECTION 5 OF THE LIMITATION


ACT READ WITH SECTION 151 CPC FOR CONDONATION OF DELAY

AFFIDAVIT OF: Amjad Ali Khan S/O Fayyaz Ali Khan R/o 35 resident of 35 Babar
Block, New Garden Town Lahore

1. That the contents of the accompanying application may kindly be read as integral
part of this affidavit.
2. That the contents of the accompanying application are correct and true to the
best of my knowledge and nothing has been concealed therefrom.

Deponent

V E R I F I C A T I O N:-
Verified on oath at Lahore on this 28 th day of March 2022 that the contents of the
affidavit are true and correct to the best of my knowledge and belief.

Deponent

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