Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.3

Civil Procedure Code (V of 1908)--- ----O. IX, R. 3---Suit dismissed in default---Application for restoration of suit---Limitation---"Sufficient cause"---Suit was fixed for final arguments but no one appeared on behalf of plaintiffs---Trial Court dismissed the suit for non-prosecution---Plaintiffs moved application for restoration of suit---Trial Court dismissed the application for restoration of suit being time barred but Appellate Court restored the same and High Court set aside the order of Appellate Court---Validity---Suit was fixed for final arguments after recording evidence of the parties---Trial Court should have decided the case on the basis of available material on record---Dismissal of suit in default after closing of evidence was not justified---Application for restoration of suit could be filed within three years, in circumstances---Present application was not time barred---When order of the Court was illegal and had prejudiced the case of a party then it was a "sufficient cause" for restoration of suit dismissed in default---Order passed by the High Court was set aside and that of Appellate Court was restored---Supreme Court observed that restoration of suit would be subject to payment of cost to be paid in trial Court---Appeal was allowed, accordingly.. Mst. Shamshad Begum alias Sharam Khatoon v. District and Sessions Judge, Dadu through Presiding Officer and 4 others 1998 CLC 1128; Messrs Fateh Textile Mills Ltd. v. West Pakistan Industrial Development Corporation PLD 2008 Kar. 103; Wadera Dalel Khan and 7 others v. Province of West Pakistan and 6 others PLD 1970 Quetta 79; Lasbela Industrial Estate Development Authority (LIEDA) v. Messrs Baluchistan Match Ltd. through Chief Executive and others PLD 2005 Quetta 57 and Mrs. Asmat Begum v. Badiuzzaman Khan 2002 CLC 71 rel. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, JUSTICE:---.--- The captioned appeal by leave of the Court has been filed against the judgment dated 26.11.2018, passed by the Azad Jammu and Kashmir High Court in Revision Petition No. 34 of 2018. 2. The precise facts forming the background of the captioned appeal are that the appellants, herein, filed a suit for…

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