Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 104 & O. XLI, R. 19--Application seeking restoration of appeal on very next day of its dismissal for non-prosecution--Vigilance and bona fide--There is no cavil to proposition that Rule 19 of Order 41 of CPC permits an appellant to apply for re-admission of appeal and where it is proved that he was prevented by any sufficient cause from appearing when appeal was called on for hearing Court shall readmit appeal on such terms as it thinks fit--Appellant's bona fide and vigilant endeavourseeking restoration of appeal furnishes sufficient cause for readmission of appeal. Restoration of Appeal-- ----Restoration of appeal instead of re-admission of appeal--Opportunity of hearing--Fundamental right--It is an established principle of administration of justice that Courts in absence of any express provision normally should not refuse proper relief to a party merely on technical ground especially where there is apprehension that party shall be seriously prejudiced if lis is not restored. Maxim-- ----Procedural provisions--Law always favours adjudication on merits instead of technical consideration and such maxim is to be followed unless there is any insurmountable practical difficulty. THIS JUDGMENT DELIVERED BY: ABDUS SATTAR ASGHAR, JUSTICE---.--- This First Appeal under Section 104 read with Order 43 Rule 3 of the Code of Civil Procedure, 1908 is directed against the order dated 13.11.2012 passed by the learned Additional District Judge Faisalabad whereby appellant's application for restoration of the appeal was dismissed. 2. Brief facts leading to this appeal are that the appellant's appeal against judgment and decree dated 30.06.2011 passed by the learned Civil Judge Faisalabad was pending before the learned Additional District Judge Faisalabad for hearing. On 7.2.2012 the said appeal was dismissed for non-prosecution. On the very next date i.e. 08.02.2012 the appellant lodged an application for restoration of the appeal before the learned Additional District Judge Faisalabad with the explanation that he and his counsel could not appear on 07.02.2012 due to some domestic urgent work. The said application was…

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