Law: Civil Procedure Code (V of 1908)

Section: O. IX, Rr. 8 , 9

(a)    Civil Procedure Code (V of 1908)-------Preamble---Process of civil litigation---Scope---Civil Procedure Code, 1908 is a consolidatory law which is primarily procedural in nature and can be defined as a branch of law administering and directing process of civil litigation---Rules framed under Civil Procedure Code, 1908 are for advancing dispensation of justice, rather than supplementing or complementing it to defeat the ends of justice.Narsingh Das v. Mangal Dubey (1883) ILR 5A11 163 rel.(b)    Civil Procedure Code (V of 1908)-------O. IX, Rr. 8 & 9---Restoration of suit, application for---Past conduct of party--Petitioner/defendant was aggrieved of restoration of suit filed by respondent/plaintiff which was dismissed for non-prosecution---Plea raised by petitioner / defendant was that Trial Court was to see the past conduct of respondent/plaintiff---Validity---No obligation was imposed under Order IX, Rules 8 and 9 C.P.C. on the Court to first consider past record before restoring suit to its original position---Court was only required to determine whether sufficient cause for non-appearance was made out for the day when suit was dismissed for nonprosecution---Past conduct could be ruminated to assess seriousness or nonseriousness of a party in litigation---Due to any past reckless conduct, Court could impose costs for any default with a warning---Past conduct alone could not be considered a ground for dismissing restoration application, if sufficient cause for non-appearance on the date of hearing was otherwise made out---Supreme Court declined to interfere in orders passed by High Court affirming restoration of lawsuit which was dismissed for non-prosecution, as there was no illegality or perversity--Petition for leave to appeal was dismissed and leave to appeal was refused.Rai Muhammad through legal heirs v. Ejaz Ahmed PLD 2021 SC 761; Kh. Muhammad Fazil v. Mumtaz Munawar Khan 2023 SCP 368; SKB-KNK Joint Venture Contractor v. Water and Power Development Authority 2022 SCMR 1615 and Zulifqar Ali v. Lal Din 1974 SCMR 162 ref.(c)    Administration of justice-------Procedural…

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