Law: Civil Procedure Code (V of 1908)

Section: 9 , 151

  Civil Procedure Code (V of 1908)--- ----O.IX, R.9 & S.151---Limitation Act (IX of 1908), Art. 163---Dismissal of suit for non-prosecution---Application for restoration of suit filed beyond period of 30 days---Entitlement---Counsel from outstation filing personal affidavit stating that he did not receive notice of date of hearing---Contents of counsel's affidavit could not be lightly disbelieved, therefore, it was quite plausible that he never received notice of date of hearing---Ample justification thus existed for setting aside order of dismissal of suit---Order of dismissal having been passed without notice to parties, or on date which was not date of hearing, Court would have inherent power under S.151, C.P.C. for restoration of suit---Application for restoration of suit was although filed beyond prescribed period of 30 days in terms of Art. 163, Limitation Act, 1908, but such provision would be applicable only where suit was validly and properly dismissed under O.IX, C.P.C.---Where order of dismissal itself suffered from some irregularity or infirmity, Court could exercise its inherent power to restore suit under 5.151, C.P.C. and in such case Art. 163, Limitation Act, 1908 would have no application. National Bank of Pakistan v. Additional District Judge PLD 1985 Lah. 326; Abdul Latif v. Muhammad Yousuf PLD 1996 Kar, 365; Province of East Pakistan v. Abdul Hameed Darji 1970 SCMR 558; Zahoor Ellahi v. S. Fazlur Rehman 1969 SCMR 274; Ahmeduddin v. Rasool Bibi PLD 1968 SC 213; Muhammad Swaleh v. M/s. United Grain and Fodder PLD 1964 SC 97 and Manager, Jammu and Kashmir Estate Property v. Khuda Yar PLD 1975 SC 678 ref. `Civil Procedure Code (V ofi908)--- ----O.IX, R.8---Date fixed for hearing of interlocutory application---Dismissal of suit on such date---Validity---Suit could not be dismissed on date fixed for hearing of interlocutory application.   Administration of justice--- ---- Adjudication of disputes should be premised on merits rather than technicalities. Interpretation of statutes--- Statutes of limitation should be strictly construed. Civil Procedure Code (V of 1908)--- ----0. IX, R.9---Limitation Act (IX of 1908), Art. 163 &…