Law:

Section:

Civil Procedure Code (V of 1908)----- -----O. IX, R.9 & O.XLIII, R.1(c)-----Application of plaintiff for obtaining succession certificate was dismissed for non-prosecution and subsequently application for restoration under O.IX, R.9, C.P.C., was also dismissed-----Restoration of case-----Scope-----Contention of plaintiff was that application for succession certificate was dismissed for non-prosecution by Trial Court though counsel was present in court, and same was done without applying judicial mind-----Validity-----Case should be decided on merits rather on legal technicalities-----Case was fixed for a formal purpose and there was no specific direction of the Trial Court for appearance of party in person, thus, Trial Court could not dismiss the main case for non-prosecution when it was fixed for a formal purpose and such dismissal order being an illegal order was not sustainable in law-----Application for restoration was allowed. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- Through captioned civil miscellaneous application under Order XLIII Rule 1(c) C.P.C., applicant Syed Sajid Ali Shah has impugned order dated 27.06.2015, passed by the Court of learned Additional District Judge, Kandiaro, whereby application moved by applicant under Order IX Rule 9 C.P.C., was declined. 2. Relevant facts narrated in instant misc. application are that applicant is brother of deceased Syed Abid Ali Shah who died on 13.04.2014 due to natural death, such death certificate is issued by the Secretary Union Council No.2, Mehrabpur, District Naushero Feroze. The deceased left behind one wife and 3 minor sons being his surviving legal heirs. The deceased was employed in Dubai Petroleum and lastly was posted at Dubai and his gratuity amount worth 75,923 US Dollars along with mark-up, is lying with the company. Consequently, applicant filed succession application which was admitted and notice was issued to all the concerned and publication was made in Newspaper for information to public at large. It is further averred that when matter was fixed for report of the company and learned counsel for applicant was in attendance, said succession application was dismissed for…

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