Law: Civil Procedure Code (V of 1908)

Section: O. XVII, r. 3, 141

Civil Procedure Code (V of 1908)   O. XVII, r. 3 & S. 141--Restoration of suit dismissed in default Contention that in view of word `suit' appearing in r. 3, same can be pressed into service only for deciding a suit and not an application for restoration of suit dismissed in default-Held, word `suit' though used in r. 3 of O. XVIL C. P. C., yet according to S. 141, C. P. C., provisions of Code in regard to suits to be followed, as far as can be made applicable, in all proceedings in any Court of civil jurisdiction.[Interpretation of statutes]. Maulvi Abdul Aziz Khan v. Mst. Shah Jahan Begum and 2 others P L D   1971 S C 434 ref.                                                                                                                      ORDER   The petitioner, Muhammad Rashid Khan and another, filed a suit against the respondents, Punjab Province and another, in the Court of Senior Civil Judge, Mianwali, but the suit was dismissed in default. They then made an application for restoration of the suit. The application was contested by the respondents whereupon the following issues were framed by the learned Senior Civil Judge :   (11 Whether the application is within time ? O. P. P.   (2) Whether there are sufficient grounds for restoration of the suit? O. P. P.   The application came up before the learned Senior Civil Judge on 29th May, 1979 for recording of the parties `evidence but the petitioners' evidence was not there and, therefore, at their request, the case was adjourned to 13th September 1979, for their evidence. On 13th September, 1979, too their witnesses were not present and they requested for another adjournment. Accordingly, the case was adjourned to 19th November, 1979, for evidence of the petitioners but on that date also their witnesses were not in attendance. The application was, therefore, dismissed…