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Petitioner: MECHANICAL HIMALAYA TRANSPORT CO. LTD VS Respondent: THE NEW JHELUM TRANSPORT CO. LTD., JHELUM
P L D 1957 W
P L D 1957 W. P. (Rev.) 7
Before H. A. Majid, Member Board of Revenue,
West Pakistan
MECHANICAL HIMALAYA TRANSPORT Co. LTD.------Petitioner
Versus
THE NEW JHELUM TRANSPORT Co. LTD., JHELUM
and others‑Respondents
Appellate Side No. 38 of 1955‑56, decided on 2nd Novem ber 1956, District Rawalpindi.
Appeal, restoration of--‑---
------Dismissed in default‑Appellant not vigilant‑Absence not unavoidable‑Appeal not to be restored.
Shamim Hussain Qadri for Petitioner.
Abdur Rahim for Respondents.
ORDER
H. A. MAJID.‑‑--------I have heard the petitioner's counsel about the reasons which led to the absence of the present petitioner company on 5th September 1956 the date on which its appeal was to be heard. The petitioner found it necessary to go to Rawalpindi for some business arid remained unaware of the fact that his counsel was away from Lahore.
The petitioner is a company of some importance and I cannot consider that their absence on the fixed date was unavoidable. There is no indication that the petitioner made any effort to contact his counsel to make sure that he would be represented on the fixed date of hearing. Similarly, there is no indication that the petitioner company approached me for a change of the date.
In the above circumstances, I think the correct decision would be to refuse to restore the appeal to the pending file. I, therefore, order accordingly.
K.M.A. Order accordingly.