IN THE HIGH COURT OF SINDH
AT KARACHI
(Constitutional Jurisdiction)
Constitution Petition No-D- /2004
Jetp Relief
Society…………………….………………Petitioner
VERSUS
Chief
Controller of Building …………………..Respondents
APPLICATION
UNDER ORDER IX RULE 4 R/WSECTION 151 CODE OF CIVIL PROCEDURE
On consideration of facts and grounds
incorporated in the accompanying affidavit, it is most respectfully prayed that
this Honorable Court may be pleased to set aside/ recall the order dated
15-03-2001, dismissing the petition in default and restore the same to its
original position.
Prayer is made most earnestly in the
greater interest of justice and equity.
Karachi
Dated: 16-03-2001.
Advocate for the petitioner
AFFIDAVIT
I, Muslim adult, having office at ____,
Karachi do hereby state on oath as under:
1.
That
I counsel of the petitioner in the above matter and am fully conversant with
facts thereof and able to depose the same.
2.
That
on 15-03-2001, when this petition was fixed for preliminarily hearing, I was also busy in Special Criminal ATA #. 915/2000,
before learned DB – IV, First Appeal #. 819/2000, before Mr. Justice Zia
Perwez, Civil Suit # 5219/2000 before Mr. Justice Sarmad Jalal Osmany and
Execution #. 214/1996.
3.
That
this petition was fixed in Additional list and in main list there were 39 cases
in katcha peshi and I was under impression that number of this petition will
come after tea break.
4.
That
I checked in the tea break and found that the matter has been dismissed in
non-prosecution.
5.
That
my absence was not deliberate nor will full but was for the reasons mentioned
above.
6.
That
I say that order dated 15-03-20001 be recalled, otherwise petitioner shall be
seriously prejudiced and suffer and irreparable loss.
7.
That
I adopt the contents of accompanying application as an integral part and parcel
of this affidavit and in order avoid duplication do not repeat the same.
8.
That
whatever stated above is true and correct to the best of my knowledge,
information and belief.
Deponent
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