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IN THE COURT OF MR.

AHMD BAKHSH BHAPA,


JUDGE BANKING COURT, MULTAN.

Amjad Mehmood etc. Vs. Punjab Small Industries


Corporation, Multan etc.

Suit for Permanent Injunction.


Application for restoration of Suit dismissed in default.

Respectfully Sheweth: -
1. That the above captioned suit along-with another suit titled
“Anis-ur-Rehman Vs. S.B.F.C.” was fixed for 7.6.2001.

2. That the applicants along-with the said Anis-ur-Rehman were


present in outer room of the court-room where the reader of
the court was dealing with the cases.

3. That the applicants’ counsel Mr. Zafar Iqbal Khan Advocate


did not reach the court when the cases were called for hearing.
The applicants along-with Anis-ur-Rehman requested the
reader for adjournment of hearing of the case as our
applicants’ counsel by that time was not available. Reader of
the court accepted the request and adjourned both the cases
for 4.7.2001 for arguments. By that time the applicants’
counsel reached the court and both of us told the counsel
about the adjourned date i.e. 4.7.2001, who entered this date
on his brief and also in hi dieary.

4. That today the applicant along-with his counsel reached the


court. On perusal of the cause list the above captioned case
was not there, however, the other case of Anis-ur-Rehman was
listed at serial No. 7 on enquiry from Ahlmad, it transpired
that the applicants’ case was dismissed in default on the last
date i.e. 7.6.2001.

5. That it seems that applicants’ presence was not marked by the


reader of the court due to some misunderstanding in the rush
of work and there is no fault on the part of the applicants.

6. That the applicants’ precious right is involved and if the


applicants’ case is not restored, applicants shall have to bear
an irreparable loss.

7. That present trend of the superior courts is to decide the


matters on merits and not to knock out the litigants on
technicalities.

Wherefore, it is respectfully prayed that the


above captioned case may be restored and be fixed for
hearing and decided on merits.
Affidavit of applicant and that of the counsel is attached
herewith.
Applicants,
Dated: ________

Through: -
Zafar Iqbal Khan,
Advocate High Court,
124-District Courts,
Multan.
IN THE COURT OF MR. AHMD BAKHSH BHAPA,
JUDGE BANKING COURT, MULTAN.

Amjad Mehmood etc. Vs. Punjab Small Industries


Corporation, Multan etc.

Suit for Permanent Injunction.


Application for restoration of Suit dismissed in default.

AFFIDAVIT of: -
Suhail Mehmood S/o Muhammad Hussain, caste
Jagwala Baloch, R/o Tehsil Shujabad, District Multan.

I, the above named deponent do hereby


solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of July 2001 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT

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