Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 1908)--- VII, R. 11 & O.IX, R. 8 --- Dismissal of suit on non-appearance of plaintiff or his counsel on a date when matter pertaining to rejection of plaint was posted for hearing before Trial Court --- Validity --- Trial "court besides dismissing application for rejection of plaint, also dismissed main suit- - Validity --- Matter relating to rejection of plaint having been posted for hearing before Trial Court, main suit should not have been dismissed for default in appearance --- Only the matter listed before Court could have been dealt with and not the matter not fixed for hearing on that day PLD 1954 Lah. 575; PLD 1970 Lah. 412; PLD 1971 Lah. 746 and 1986 CLC 1320 rel. Civil Procedure Code (V of 1908)--- 0. IX, R. 8 & S. 11 --- Res judicata, principle of --- Applicability --- Dismissal of suit for default in appearance on a date not fixed for the hearing of such suit --- Validity ---Restoration of suit --- Futility --- Dismissal of suit was not warranted and case should have been remanded to Trial Court for hearing of suit on merits --- Suit in question , however, had no merit; subject-matter of the suit was already decided long ago --- Copies of judgments given in earlier round of litigation showed that the parties were the same as also the subject matter of the suit ---Even a cursory glance at the copies of the judgments would convince that findings in earlier suit recorded by Trial Court and maintained in appeal precluded their re-agitation in subsequent round of litigation subsequent suit was in a clear violation of the rule of finality of decisions enacted in S. 11, Civil Procedure Code, 1908 ---Restoration of suit for its retrial, therefore, must be an exercise in total futility with no result. Mchr Muhammad Nawaz Khan for Paitioner. Muhammad Rafiq Arif for Respondent. Date of hearing: 7th June, 1993. JUDGMENT Petitioner was a Sub- Engineer in the Auquaf Department of Government of Punjab. He tendered his resignation from service. His resignation was accepted on 3-7-1977, by Chief Administrator Auqafi Lahore. Later, petitioner resiled from his resignation   and submitted that he was coerced to submit…