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Civil Procedure Code (V of 1908)-------O. IX, R.8---Specific Relief Act (I of 1877), Ss. 39 & 42---Constitution of Pakistan, Art. 185(3)---Suit for cancellation of document and declaration---Dismissal for non-prosecution---Date of hearing---Scope---Act of court---Date on which the suit was dismissed for non-prosecution was not the date fixed for hearing---Validity---Plaintiff was not at fault and, therefore, she could not be blamed for dismissal of her suit for non-prosecution---Error was with Trial Court, which did not go through the record to ascertain background which had led to transfer of case to it---Question of limitation in respect of application seeking restoration of the suit was only relevant if dismissal itself was proper---Suit filed by plaintiff was dismissed without notice to her on a date which was not a "date of hearing"---Such dismissal of suit for non-prosecution was not legally sustainable and the same was set aside---Supreme Court remanded the case to Trial Court for decision afresh. Muhammad Qasim v. Moujuddin 1995 SCMR 218 rel. Gulzarin Kiani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Munir Peracha, Advocate Supreme Court for Respondents Nos. 1 to 5. Nemo for Respondents Nos. 5 to 7. Date of hearing: 1st February, 2012. JUDGMENT JAWWAD S. KHAWAJA, J.--- The petitioner-plaintiff Mst. Surraya Parveen impugns the orders passed by the learned Civil Judge, Sadiqabad dated 17-1-2004, the revisional order passed by the learned Additional District Judge, Sadiqabad dated 26-3-2005 and the judgment dated 18-10-2010 whereby Writ Petition No.2918 of 2010 filed by the petitioner was dismissed. 2. This case has a long drawn-out and chequered history. It is, therefore, necessary to give in some detail, a narration of the relevant facts necessary for adjudication of this petition. The dispute between the parties relates to land measuring 7 kanals 8 marlas and 8 sarsahis comprised in Khata No.22/18 as per Jamabandi for year 1978-79 located in Chak No.10/N.P., Tehsil Sadiqabad. It is not in dispute that the petitioner-plaintiff was owner of the suit land. According to the respondents the…

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