Law: Limitation Act (IX of 1908)

Section: 163 , 3

Limitation Act (IX of 1908)--- ----Art. 163---Civil Procedure Code (V of 1908), O.IX, R.3---Dismissal of suit in default---Limitation for setting aside order of dismissal of suit for default is thirty days. Civil Procedure Code (V of 1908)--- ----O.IX, R. 3, OXIV, R. 1(5)(6) & OXVII, R. 2---Dismissal of suit for default of appearance---Plaintiff's plea that Court should have proceeded to frame issues and not dismissed the suit would be of no avail for it was incumbent on parties to be present on the day of settlement of issues-- Provision of OXVII, R. 2, C.P.C. was also not attracted for such provision could be resorted to only where suit was adjourned to a fixed date and the parties, or any one of them failed to appear on that date---Duty is cast upon plaintiff to pursue his case diligently and where he neglects or fails to do so, provision of O.IX, R. 3, C.P.C. would become operative---Suit was thus, rightly dismissed for default in appearance on specified date under O.IX, R. 3, C.P.C. Muhammad Haleem and others v. H.H. Muhammad Naim and others PLD 1969 SC 270 ref. Civil Procedure Code (V of 1908)--- ----O.IX, R. 9---Object and scope of O.IX, R. 9, C.P.C.---Only consideration before Court under provision of O.IX, R. 9, C.P.C. would be to do justice between the parties and in absence of any express bar, it should not hesitate to grant proper relief on mere technical grounds---Plaintiff, however, must satisfy the Court that there was sufficient cause for his non-appearance. Civil Procedure Code (V of 1908)---   ----O.IX, R. 9---Limitation Act (IX of 1908), S. 5---Dismissal of suit for default of appearance---Application for restoration of suit filed after about one year of dismissal of suit i.e. beyond period of limitation---No application for condonation of delay was filed by plaintiff---Effect---Even if ground for non appearance (i.e. wrong noting of date) of plaintiff were accepted there being no application for condonation of delay or any ground in support thereof, and substantive right having accrued to defendant, Court was left with no alternative but to dismiss application for restoration of suit: Siddiq Mirza for Plaintiff. Samiullah Khan…