Law:

Section:

Constitution of Pakistan (1973)- ---Art. 185(3)--Civil Procedure Code (V of 1908), O. XLI, Rr.19 & 21--Law Reforms Ordinance (XII of 1972)--Dismissal of appeal for non-prosecution--Restoration of--Power of High Court--Plea that after promulgation of Law Reforms Ordinance 1972, since right of appeal against an order passed by High Court refusing to restore an appeal had been deleted, High Court was not left with power to dismiss an appeal for non-prosecution or in default, repelled--Held, if framer of law had closed an available remedy of appeal, then it could not possibly mean that power of High Court to act under provisions of O. XLI, R. 19, C.P.C. could not be exercised--Closing of a remedy, of so was in wisdom of framer or legislator of a law, could not impose any fetters on power of High Court to Act under O. XL1, R.19, C. P. C. where the facts so warranted--Closing of available remedy by way of appeal against an order passed by High Court refusing to restore an appeal by Law Reforms Ordinance, 1972 would not mean that High Court was also deprived of its powers under O. XLI, R. 19, C.P.C. to readmit appeal dismissed for default in appropriate cases. ORDER JAVID IQBAL, J.-- This petition for leave to appeal is directed against an order of a learned Single Judge of the Lahore High Court Lahore, dated 5th November, 1984 whereby the application for re-admission of R.S.A. No. 53 of the petitioner which had previously been dismissed for non-prosecution, was dismissed on merits for the reason that sufficient cause had not been made out for seeking restoration. We brought it to the notice of the learned counsel for the petitioner that we would decline to interfere on merits as there is no justification for that, and that if he has any legal point to urge in this case he may do so. The legal point raised by the learned counsel is that the learned Single Judge of the Lahore High Court, Lahore could not dismiss R.S.A. No.53 of 1969 for non-prosecution because of the change of law due to promulgation of Law Reforms Ordinance, 1972. It was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492