Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, R 9---Limitation Act (IX of 1908) S. 5---Suit for recovery---Dismissal of suit for want of prosecution---Application to restore suit beyond time of limitation---Effect---Plaintiff filed suit for recovery of damages in the year 2003 and it was pending/subjudice till it was dismissed for want of prosecution for the first time on 6-4-2009 but was restored on application on 22-10-2009---Suit was again dismissed for non-prosecution on 11-1-2012 and application to restore suit was also dismissed on ground of filing the same beyond time of limitation---Appeal against was filed on grounds that suit remained pending in different courts and was transferred from one court to another without notice to plaintiff and application to restore suit was filed within time on 10-2-2012 but was returned to plaintiff for attachment of copy of impugned order of dismissal and after doing the needful same was submitted after delay of two/three days without application for condonation of delay---Validity---Law favoured adjudication on merits and application for restoration of suit filed with delay of hardly four days is worth consideration on grounds of transfer of suit from one court to another without notice to plaintiff---Dismissal of application for restoration on ground of limitation and earlier dismissal of same suit for want of prosecution was not akin to spirit of justice---Appeal was allowed. 2010 SCMR 973 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- This civil appeal is directed against the judgment and order dated 10-6-2013 of learned Civil Judge-XVII, Peshawar, whereby application of the appellant/ plaintiff for restoration of his suit was dismissed being time barred. 2. The appellant/plaintiff had lodged a suit against respondents Nos. 1 to 8 for recovery of Rs.5,55,00,000 (five corers and fifty five lacs), as damages for mental torture on account of embezzlement reports in the year 1985 by respondent No. 1, Shamsher Ali, in his capacity as branch incharge of National Savings (Quomi Bachat) Centre. According to the appellant/ plaintiff, he had to endure physical and mental torture because of criminal case…

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