IN THE COURT OF MR.

HUMAYUN DILAWAR
LEARNED CIVIL JUDGE, ISLAMABAD (EAST)
ABDUL WAHEED ETC

VERSUS

SIPARAS HUSSAIN

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT, RECOVERY OF

DAMAGES AND PERMANENT INJUNCTION
APPLICATION FOR RESTORATION OF TITLED SUIT AND
SETTING ASIDE ORDER DATED 29-06-2021 AND 30-06-2021

Respectfully Sheweth: -

1. That the above titled suit was fixed before this

Honorable Court on 17-06-2021 and due to
COVID-19 pandemic issue case was adjourned
for 25-06-2021 for arguments on two
miscellaneous applications filed by the
defendant. On 25-06-2021 the learned presiding
officer was on leave and reader of this honorable
court verbally communicated the next date of
hearing to the counsel of petitioner as 01-07-
2021.

2. That the above titled suit was not in the cause

list of 01-07-2021 and when enquired it was
shockingly revealed that the case was fixed for
29-06-2021 rather than 01-07-2021 and same
was dismissed in default on 30-06-2021.

3. That some very valuable rights of the plaintiff are

involved in this suit and if it is not restored,
plaintiff would have to suffer irreparable loss.

4. That Non-Appearance of the plaintiff or his

counsel was not willful or deliberate and it was
not based on any malafide, ulterior motive or ill-
will rather it was due to human error and
bonafide mistake based on miscommunication
between counsel and officials of the Court.
 5. That it is in the best interest of justice that the
suit may be restored and adjudicated on merits.

6. That it is settled law that the matters should be

decided on merits rather than on technicalities.

7. That it is also pertinent to mention here that the

proceedings on the date for which the matter was
fixed were arguments on two miscellaneous
applications filed by the defendant and as per
settled law available in judgments of superior
courts in case of non appearance of plaintiff only
the fate of those two miscellaneous applications
should have been decided ex-parte as the main
suit was not fixed for hearing on that day.

8. That the suit is at final stage and petitioner/

plaintiff does not want to linger on the matter in
any manner whatsoever and it is in the best
interest of justice that the suit may be restored
and adjudicated on merits.

It is therefore, humbly prayed that this honorable court

may kindly accept this application and may kindly restore
the above titled suit alongwith application Under Order 39
rule 1,2 read with section 151 CPC at previous stage and
set aside order dated 29-06-2021 AND 30-06-2021in the
best interest of justice.

PETITIONER

through

QASIM IQBAL JALALI

Advocate High Court

 IN THE COURT OF MR. HUMAYUN DILAWAR
LEARNED CIVIL JUDGE, ISLAMABAD (EAST)
ABDUL WAHEED ETC

VERSUS

SIPARAS HUSSAIN

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT, RECOVERY OF

DAMAGES AND PERMANENT INJUNCTION
APPLICATION FOR RESTORATION OF TITLED SUIT AND
SETTING ASIDE ORDER DATED 29-06-2021 AND 30-06-2021

AFFIDAVIT

I, Qasim iqbal Jalali Advocate High Court Islamabad, do

hereby, solemnly affirm and declare as under:

That the averments as contained in the accompanying

application are true and correct to the best of my knowledge and
belief and nothing has been concealed or mis-stated therefrom.

DEPONENT

Verification

Verified on oath on this ___ day of ____ 2021 at Islamabad that the
contents of the above affidavit are true to the best of my knowledge and
nothing has been concealed therefrom.

DEPONENT