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| Application for Restoration of suit dismissed due to non prosecution format |
In the name of ALLAH, the most beneficent, the most
merciful
IN THE COURT OF MR. MEHMOOD ALAM, LEARNED CIVIL JUDGE
Nabeel
Ali Versus Sher Khan
Butt
SUIT
FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL
APPLICATION FOR RESTORATION OF THE ABOVE TITLED SUIT
Respectfully Sheweth:
1.
That the above titled suit was pending adjuration
before this Honourable court which was dismissed by this Honourable Court on 01-10-2021
due to non appearance of the applicant and his counsel.
2.
That non appearance of the applicant and his counsel
is neither intentional or deliberate rather the same is due to the
misunderstanding with regard to the fixation of next date of hearing which was
considered by the applicant as 02-10-2021 and when on the said date, the
applicant entered appearance in the court, it transpired that the case has
already been dismissed due to non appearance of the counsel and the applicant.
3.
That the valuable rights of the applicant are
involved in the above titled suit and law always favours adjudication on merits
and discourage knocking parties out on technical counts.
4.
That in case, the above titled suit will not be
restored on its original position, the applicant shall suffer irreparable loss.
PRAYER:
It is therefore most respectfully prayed that the
instant application may graciously be allowed and the impugned order,
dismissing the suit in default may graciously be recalled resultantly the suit
may graciously be restored on its original position as the same was prior to
date of its dismissal, in the interest of justice and fair play.
Applicant
Through
Counsel
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