Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.IX, R. 9----Suit for recovery---Restoration of suit, application for---Suit of plaintiff was decreed by Trial Court and decree of Trial Court was set aside by Appellate Court and the case was remanded to the Trial Court---Suit was subsequently dismissed by Trial Court in default of appearance of the plaintiff, whereafter plaintiff's application for restoration of suit was dismissed concurrently---Validity----Plaintiff had presumably lost interest in the case when it was dismissed for non-prosecution---No ground was urged as to why his counsel was absent on the date of hearing---Plaintiff had never even once appeared before the Trial Court to pursue his recovery suit and the Trial Court was constrained to issue directions for his personal appearance but the plaintiff still failed and neglected to appear before the Trial Court---Appeal was dismissed. PLD 2003 Pesh. 217 and 2004 MLD 923 distinguished. JUDGMENT QAISER RASHID KHAN, J.---Aggrieved from the judgment and order dated 24-9-2011 of the learned Additional District Judge, Ghazi, Camp Court, Haripur vide which he dismissed the application of the appellant for restoration of Suit No.10/1 of 2007, the appellant has filed the instant appeal. 2. Brief and essential facts leading to the present appeal are that on 4-6-2007, the appellant filed a recovery suit for an amount of Rs.500,000 under Order XXXVII of Civil Procedure Code, 1908 against the respondent before the learned Additional District Judge, Haripur, which was decreed in favour of the appellant on 28-3-2008, after refusing leave to appear and defend the suit to the respondent. The present respondent filed R.F.A. No.14 of 2008 before this Court, which was allowed and the judgment and decree dated 29-3-2011 were set aside vide judgment dated 22-11-2010 and the case was remanded back to the trial court with the direction to re-decide the application dated 6-7-2007 for leave to appear and defend the suit on merits. After remand, the suit of the appellant was dismissed in default of appearance vide order dated 2-7-2011. The appellant filed application for restoration of the suit on 30-7-2011, to which reply was filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492