Law: Civil Procedure Code (V of 1908)

Section: 19,17(1)

Law: Lahore High Court Rules, Orders

Section: 5

   Civil Procedure Code (V of 1908), O. XLI, r. 19 Application for restoration of appeal dismissed for default Limitation-Section 5, Limitation Act, 1908 not applicable-Such application cannot be entertained beyond time specified under Art. 168, Limitation Act-Limitation Act (IX of 1908), S. 5 and Art. 168.   Bissa Mall v. Kesar Singh A I R 1920 Lah. 363 and Hayat v. Mutalli A I R 1938 Lah. 35 ref.   Civil Procedure Code (V of 1908), O. XLl, rr. 17(1) & 19 and High Court Rules and Orders (Lahore), Vol. V, Chap. 1-F, rr. 1, 2 & 5-Process-fee not paid within seven days-Date fixed for appearance not intimated to appellant's counsel-Appeal dismissed for "non-prosecution"-Application for restoration-Limitation Article 168, Limitation Act, 1908 cannot be pressed into service- Limitation Act (IX of 1908), Art. 168. Muhammad Swaleh v. United Grain and Fodder Agencies PLD 1964SC97ref   High Court Rules and Orders (Lahore), Vol. V, Chapter 1-F, r. 5-Appeal dismissed without service of notice to appellant-Such order of dismissal; held, coram non-judice and hence a nullity Civil Procedure Code (V of 1908), O. XLI, r. 17(1).    ORDER   The regular second appeal was admitted in limine to hearing by order dated the 29th of January 1960. Under rule 1, Chapter 1-F, High Court Rules and Orders, Volume V, the appellant was to pay a fee of Rs. 2.00 for each summons to be issued in the case to the respondents. He was under rule 2 liable to pay the process-fee within a period not exceeding 7 days from the date of the order admitting the appeal. The appellant did not pay the process-fee within the time and the case was listed in motion for the 7th of April 1960 for disposal according to Order XLI, rule 18 of the Code of Civil Procedure and the appellant was sent a registered letter acknowledgment due on the 2~th of March 1960 intimating him of the said date. Neither the appellant nor his counsel appeared on the 7th of April 1960 and the appeal was dismissed by R. B. Munshi, J., on that date for "non-prosecution". Mr. Shamim Ahmad Mirza, learned counsel for the appellant applied on the 21st of June 1963 for the…