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Constitution of Pakistan (1973)--Art. 185(3)--Limitation Act (IX of 1908), S.5 &Art.163-Civil Procedure Code (V of 1908), O.IX, r.8--Appeal by leave--Appellants suit dismissed for default--Application for restoration of suit although barred by time yet allowed by trial Court on ground that case had been fixed for some other date but it came up by mistake on an earlier date due to some tampering of date on order-sheet--High Court in revision setting aside order of restoration passed by trial Court holding that since application for restoration was barred by Art.163, Limitation Act, 1908, it was liable to be dismissed--Order of High Court maintained and order granting leave to appeal recalled. Raja Abdul Razzaq, Advocate-on-Record for Petitioner. A.R. Shaukat, Senior Advocate Supreme Court with Abid Ali Buttar, Advocate-on-Record for Respondents Nos. 1 and 2. K.E. Bhatti, Advocate-on-Record (absent) for Respondent No.3. Date of hearing; 8th May, 1985. JUDGMENT NASIM HASAN SHAH, J.--The appellant in this case filed a suit for pre-emption and after a number of dates it was on the 27th June, 1967 fixed for hearing on the 17th September, 1967, but by some mistake it came up for hearing on the 17th of July, 1967. The appellants lawyer who sits a few paces away from the main door of the Court room heard the matter being called and came in. He was asked to proceed with the case to which he made a statement to the effect that he had no instructions for that date. Upon this statement, the suit was dismissed for non-prosecution under Order IX, rule 8, of the Civil Procedure Code. On the appellant coming to know of this he filed an application for the restoration of the suit on the 21st of October, 1967. The application was allowed and the suit was restored on the 15th of October, 1968. The trial Court accepted the contention that the case had been fixed for the 17th of September, but it came up by mistake on the 17th of July due to some tampering of the dates on the order-sheet. The respondents filed a revision against the above order of the trial Court before the Lahore High Court and a learned Single Judge of that Court allowed the same on the ground that the…

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