Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.IX, Rr.3, 4, 8, 9 & 13; O.XLIII, R.1(c) & S.115---Neither plaintiff nor defendant appearing when suit called on for hearing ---Dismissal of suit for non-prosecution---Revision---Competency---Neither party having appeared when suit was called on for hearing---Provision of O.IX, R.3, Civil Procedure Code, 1908, was attracted and not provision of O.IX, R.8, which would have been applicable when defendant had appeared and plaintiff had failed to appear---Where suit had been dismissed for non-appearance of both parties, plaintiff could avail remedy provided under O.IX, R.4, Civil Procedure Code, 1908, for restoration of suit; in case of his failure be could seek intervention High Court in exercise of its revisional jurisdiction---Where, however, order of dismissal of suit had been passed under provision of O.IX, R.8, Civil Procedure Code, 1908, order passed under O.IX, R.9, would be appealable under OXLIII, R.l(c), C.P.C.---Where order resulting in rejection of application for restoration or order of dismissal of suit was void ab initio, without jurisdiction. capricious, arbitrary'or derogatory to the fundamental rules of administration of justice, such. order was subject to revisional jurisdiction of High Court, provided that no appeal was preferred against the same. PLD 1950 BJ 19; PLD 1987 AKJ 44;1986 CLC 3120 and PLD 1954…

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