Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir High Court Procedure Rules, 1984

Section: 42

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R. 42---Civil Procedure Code (V of 1908), O.IX, R.4---Writ petition---Dismissal for non-prosecution---Sufficient cause---Refusal of High Court to restore such petition---Petitioner's pleas were that he being an old man and resident of a far-flung area could not appear personally before High Court; that his counsel at time of calling case was busy before another Bench; and that his application for restoration was supported by Case Diary and affidavit of his counsel---Validity---Counsel's affidavit would not be disbelieved ordinarily---Courts would accept restoration application liberally on showing sufficient cause by applicant for non-appearance---Applicant had brought on record sufficient reasons for his non-appearance and that of his counsel---Supreme Court set aside impugned order and restored the constitutional petition to its original number. Muhammad Nazir and others v. Muhammad Sadiq and others PLD 1989 AJ&K 28; Ghulam Mustafa Shah v. Haji through legal heirs and others 1993 SCMR 256 and Muhammad Khan through legal heirs and others v. Shabrati PLD 1995 Kar. 267 rel. (b) Civil Procedure Code (V of 1908)--- ----O. IX, R. 4---Term "sufficient cause" as used in O.IX, R.4, C.P.C.---Scope---Courts would always interpret such term liberally---Courts would accept restoration application liberally on showing "sufficient cause" by applicant for his non-appearance---Discretion for restoration would be exercised liberally subject to advance cause of substantial justice. Muhammad Nazir and others v. Muhammad Sadiq and others PLD 1989 AJ&K 28 and Muhammad Khan through legal heirs and others v. Shabrati PLD 1995 Kar. 267 rel. (c) Civil Procedure Code (V of 1908)--- ----O. IX, R. 4---Affidavit---Restoration of suit, application for---Affidavit of applicant's counsel in support of such application---Validity---Such application would normally be disposed off on basis of affidavit---Counsel's affidavit ordinarily would not be disbelieved. Muhammad Nazir and others v. Muhammad Sadiq and others PLD 1989 AJ&K 28 and Ghulam…

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