Law:

Section:

Civil Procedure Code (V of 1908)-O. XV, r. 4 & S. 151 read with Limitation Act (IX of 1908), S.3 ` & Art. 181-Dismissal of suit in default-Proposition that suit cannot be dismissed in default after stage of preliminary decree not disputed ­Contention that plaintiff ought to have made application for revival of suit within three years and such being a question of limi­tation High Court bound to take note of same notwithstanding question of limitation having not been pleaded in High Court-High Court taking note of fact of plaintiff having reagitated matter by way of a separate suit within three years of dismissal and not through application for revival but on plaint being rejected plaintiff moving application for revival of suit without wasting much time, conduct of plaintiff cannot be said to have been ignored by High Court in anyway-Finding of fact by High Court, namely, litigation not terminated from plaintiffs' side after dismissal of suit for default-Conclusive-High Court in cir­cumstances, held, within its revisional jurisdiction to set aside original order of dismissal of suit in default. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment dated 24th March, 1980, of the Lahore High Court, whereby a Civil Revision filed by the respondents, was allowed, with the consequence that an order of dismissal in default of a suit in a partnership case, was set aside. Respondents 1 to 7 had filed this suit for dissolution of partnership and rendition of accounts. A preliminary decree was passed on 26th October, 1970. An appeal from the petitioners/defendants' side to challenge the said decree was dismissed on 16-1-1971. A second appeal was also dismissed on 27th of April, 1971. A Local Commissioner had, in the meanwhile, sub­mitted an interim report, but the suit was dismissed in default on 20th July 1972. No application for setting aside the dismissal for default was made within the normal limitation. However, the decree-holders filed a fresh suit on 28th of January, 1975. The plaint in this suit was rejected on 17-6-1977. It is thereafter that: on 31st August, 1979, an application was submitted from the plaintiffs' side for revival…

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