Law: Civil Procedure Code (V of 1908)

Section: O.IX,XVII,R.2,5,9

Law: Limitation Act, 1908

Section: 168,181

Civil Procedure Code (V of1908)--- ----O.XVII, Rr. 2, 5 & O.IX, R.9---Limitation Act (IX of 1908), Arts. 168 & 181---Application for restoration of suit dismissed for non-prosecution---Dismissal of such application by Trial Court and appellate court for having been filed beyond 30 days prescribed under Art. 168 of Limitation Act, 1908---Plea that in absence of Presiding Officer of court, reader had fixed adjourned date of hearing without issuing signed slip specifying same, thus, order of dismissal of suit on such date not fixed by court itself was void and Art. 181 of Limitation Act, 1908 was applicable thereto---Validity---Word "adjourned" as used in O.XVII, R.2, C.P.C., would mean "adjourned" by Court---Reader had adjourned case in absence of Presiding Officer of court without handing over to plaintiff such signed slip in terms of O.XVII, R.5, C.P.C.---Such adjourned date was not a date of hearing within meanings of O.XVII, R.2, C.P.C.---Trial Court on adjourned date fixed by its Reader could fix another date for hearing---Order of dismissal of suit had been passed in utter disregard to mandatory provision of O.XVII, R.5, C.P.C., thus, same was a nullity and Art. 181 of Limitation Act, 1908 would apply thereto---High Court set aside impugned order and restored suit in circumstances. Muhammad Asif v. Fahad and another 2009 SCMR 1030 ref. Nowsheri Khan v. Said Ahmad Shah 1983 SCMR 1092; Muhammad Qasim v. Moujuddin and others 1995 SCMR 218 and Aabdul Rashid v. Director General Post Offices Islamabad and others 2009 SCMR 1435 rel. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- This revision is directed against judgment dated 10-2-2010 passed by the learned Additional District Judge, Lahore whereby order dated 10-12-2009 dismissing the application for restoration of the case dismissed for non-prosecution on 30-9-2009 was upheld. The main ground for dismissal of the application was that the application for restoration of the case was filed beyond 30 days prescribed under Article 168 of the Limitation Act, 1908. 2. The learned counsel for the petitioner argued that the case was fixed for hearing on 26-9-2009 when the learned Civil Judge, Lahore was on leave and…

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