BEFORE THE FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000
Daudpoto ………………………………………. APPELLANT
VERSUS
The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others ………………………… RESPONDENTS
APPLICATION FOR RESTORATION OF SERVICE
For the reasons, circumstances and facts disclosed in accompanying affidavit, it is prayed for and on behalf of the Appellant above named that this Hon'ble Tribunal may be pleased to restore the service appeal at its original stage in the interest of justice.
Prayed accordingly in the larger interest of justice.
Karachi.
Dated: -7-2004.
S.M. ZUBAIR
Advocate for the Appellant
BEFORE THE FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000
Daudpoto ………………………………………. APPELLANT
VERSUS
The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others …………………….. RESPONDENTS
A F F I D A V I T
I, Daudpoto son of Muhammad, Muslim, adult, resident of Karachi, do hereby state on oath as under:-
1. That I am appellant in the above matter as such am fully conversant with the facts of the case.
2. That I say that the accompanying application for restoration of Service Appeal which was dismissed in non prosecution first instance on 3-7-2003, and again the Second restoration application has been dismissed in non prosecution on 2-6-2004, has been drafted under my instructions.
3. That on 3-7-2003, while dismissing the service appeal in non prosecution I was not feeling well and due to illness I could not attend this Hon'ble Tribunal on the date of hearing and further I say that my advocate was also not present on the date of hearing while it was in his knowledge and it was his duty to attend the Hon'ble Tribunal for hearing of the application for restoration of Service Appeal but the learned Advocate without intimation to me or to the Tribunal remained absent thus I have been caused irreparable loss in shape of non dismissal of service appeal for non prosecution.
4. That I say that I am permanently patient of a serious disease and unable to walk and move so it was very difficult to me to attend the Hon'ble Tribunal on the date fixed for hearing of restoration application it was the duty of the advocate who have been engaged on my behalf and due to his error I have caused irreparable loss which could not be compensated in either term and further more I say it has been held in various observation of our Hon’ble Superior Court that one should not be suffered and prejudiced on one and another error.
5. That I say that on my behalf my younger brother namely Aftab Ahmed had been attending but unfortunately he was somehow the bit late to reach before Hon'ble Tribunal and mean while service appeal and restoration application as well dismissed in non prosecution.
6. That I say that I do affirmed on Oath that in future I and my newly engaged advocate shall attend the Hon'ble Tribunal on each and every date of hearing and further I affirmed and I intent heartedly proceed the every date of hearing and of my case if this Hon'ble Tribunal restores my service appeal at its original stage.
7. That I say that I have been advised which advice I believe to be true with accordance the law that while dismissing of any suit/appeal/case/application in non prosecution whereas the respondents/defendants are also absent may be restored without noticing the respondents/defendants, in instant case while dismissing in non prosecution, the respondents were not present to press for dismissing on filing fresh restoration application by the appellant.
8. That unless the application is granted I shall be suffered irreparable loss and shall be prejudiced adversely, being poor person shall be deprive and debarred from my personal and constitutional rights.
9. Whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: -7-2004.
___________
DEPONENT
The Deponent above named is identified by me.
S.M. ZUBAIR
Advocate for the Appellant
Sworn before me on oath here at Karachi, on this ______ day of July, 2004, by the deponent above named, who is identified to me by Mr. S.M. ZUBAIR, Advocate, who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVIT
BEFORE THE FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000
Daudpoto ………………………………………. APPELLANT
VERSUS
The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others …………………….. RESPONDENTS
APPLICATION UNDER SECTION 5 OF LIMITATION ACT
For the reasons, circumstances and facts disclosed in accompanying affidavit, it is prayed for and on behalf of the Appellant above named that this Hon'ble Tribunal may be pleased to condone delay if any for filing the application for restoration of the service appeal of the appellant in the interest of justice.
Prayed accordingly in the larger interest of justice.
Karachi.
Dated: -7-2004.
S.M. ZUBAIR
Advocate for the Appellant
BEFORE THE FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000
Daudpoto ………………………………………. APPELLANT
VERSUS
The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others ………………………. RESPONDENTS
A F F I D A V I T
I, Daudpoto son of Muhammad, Muslim, adult, resident of Karachi, do hereby state on oath as under:-
1. That I am appellant in the above matter as such am fully conversant with the facts of the case.
2. That I say that the accompanying application for condonation of delay for filing restoration application of service Appeal has been drafted under my instructions and is being file today.
3. That I say that I am patient and often remain ill and some time I confined to bed and remains unable to move and walk.
4. That I say that on 31-5-2003, I as usual fell ill and confined to bed and was unable to the even outside my home and thus I could not informed to my younger brother or to contact my advocate for attending this Hon'ble Tribunal on 2-6-2004, on the date of hearing before this Hon'ble Tribunal resulting which the restoration application and main service appeal as well was dismissed in non prosecution.
5. That I say that I had not been feeling well and was unable to walk and moved and this is why I could not attend my self before the date of hearing i.e. 2-6-2004, and I informed accordingly to my younger brother and he had been attending the Hon'ble Tribunal.
6. That I say that on 2-6-2004, I was ill and I could not informed even to my younger brother to attend this Hon'ble Tribunal as the circumstances beyond control of mine and this was neither intentionally nor deliberately.
7. That unless the application is granted I shall be suffered irreparable loss and shall be prejudiced adversely, being poor person shall be deprive and debarred from my personal and constitutional rights.
8. Whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: -7-2004.
DEPONENT
The Deponent above named is identified by me.
SM ZUBAIR
ADVOCATE
Sworn before me on oath here at Karachi, on this ______ day of July, 2004, by the deponent above named, who is identified to me by Mr. SM ZUBAIR Advocate, who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVIT
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