Law: Civil Procedure Code (V of 1908)

Section: S.115,151,O.IX,XVII,R.3,8

Law: Limitation Act, 1908

Section: 163,181

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 8---"Date of hearing"---Date given by reader--- Scope--- Dismissal of suit in default for non-appearance on date, not given by Presiding Officer but by Reader of the court cannot be treated to be a "date of hearing" within meaning of O. IX, R. 8, C.P.C. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.IX, R. 8 & O.XVII, R. 3---Limitation Act (IX of 1908), Arts. 163 & 181---Restoration of suit---Limitation---Suit dismissed for non-appearance--- Final arguments---Suit filed by plaintiffs was dismissed for non-prosecution when it was fixed for final arguments---Validity---Case was fixed for final arguments and entire evidence of parties was recorded and case was ripe for ---When Trial Court itself fixed case for hearing then it could have taken action under O.XVII, R.3, C.P.C. and should not have dismissed suit under O. IX, R. 8, C.P.C.---Dismissal of suit for non-appearance at such stage was wholly not warranted and entire labour and expense could not be allowed to go to waste---High Court observed that only proper course in such circumstances was to fix another date for hearing final arguments or decide suit on merits on basis of available evidence produced by both the parties without hearing arguments---High Court set aside order passed by Trial Court and Lower Appellate Court and restored suit filed by plaintiffs---High Court remanded suit to Trial Court for decision afresh---Revision was allowed accordingly. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, J.--- This Civil Revision Petition has been filed under Section 115 C.P.C. against the orders dated 05.11.2015, 25.10.2016 passed by learned Qazi Lasbela at Uthal ("trial court") and order dated 02.02.2017 passed by learned Majlis-e-Shoora Lasbela ("appellate court"), whereby the application filed by the petitioners for restoration of the suit was dismissed. 2. Facts of the .:ase in brief are that on 15.01.2014 the petitioners filed a suit for declaration, perpetual injunction and correction of mutation entries against the respondents which was ultimately dismissed in default on 11.09.2015 by the…

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