Law: Civil Procedure Code (V of 1908)

Section: 5

  Civil Procedure Code (V of 1908)- 0. IX R.9 --- Dismissal of suit for non-prosecution --- Application "for restoration of suit was filed after 9 months of its dismissal --- Effect --- Plaintiff failed to submit sufficient cause for non-appearance when suit was called for hearing --- Application for restoration of suit did not contain substance and sufficient cause for setting aside order of dismissal --- Application' for restoration of suit being hopelessly time-barred was dismissed in circumstances. Syed Nasir Hussain Shah v. Allah Ditta 1973 SCMR 103; M. Imamuddin Janjua v. The Thai Development Authority PLD 1972 SC 123; Qazi Muhammad Tariq v.' Hasin Jahan and 3 others 1993 SCMR 1949: Karachi Shipyard and Engineering Works Ltd. v. Muhammad Aslam Khan PLD 1979 Kar. 635; Tanveer Jamshed and another v. Raja Ghulam Haider 1992 SCMR 917; Sher Muhammad v. Said Muhammad Shah 1981 SCMR 212; Zulfiquar Ali v. Lal Din and another 1974 SCMR 162; Mst. Nadira Shahzad v. Mubashir Ahmed and others 1995 SCMR 1419; Government of the Punjab through Secretary (Services), Services General Administration and Information Department, Lahore and another v. Muhammad Saleem PLD 1995 SC 396; Messrs Ciba-Geigy (Pak.) Ltd. v. Muhammad Safdar 1995 CLC 461 and Muhammad- Sharif Khan and 4 others v. Board of Revenue 1970 SCMR 76 ref. Civil Procedure Code (V of 1908)- 0. IX R. 9 --- Limitation Act (IX of 1908), S. 5 --- Dismissal of suit for non-prosecution --- Application for restoration of suit accompanying with application for condonation of delay of 9 months --- No sufficient cause for non-appearance was shown --- Application for- condonation of delay was filed after about 18 months from the date of order --- Plaintiff having failed to submit reasonable cause for non-appearance or for condonation of delay, his application seeing condonation of delay which was also time-barred was dismissed in circumstances. Dewan Bashir Ahmed for Plaintiff. K.B. Bhutto for Defendant ORDER In this C.M.A. which is filed on 10-1-1994 the plaintiff has prayed that order 6-4-1993 may be set aside and suit be restored for decision on merits This application is supported by affidavit filed by…