Law:

Section:

(a) Civil Procedure Code (V of 1908)-------OXLI, R. 19 & S. 151---Application for restoration of application for re­admission of appeal which had been dismissed for default ---Competency--­Although there is no specific provision in C.P.C. for filing application for restoration of application for re-admission of appeal which had been dismissed for non-prosecution, yet equally there was no specific prohibition forbidding Court to entertain such application---Any procedure which tends to advance cause of justice, if not specifically prohibited by C.P.C. can be followed by Courts---Provision of S. 151, C.P.C. recognises inherent power of Court to make such orders as may be necessary for ends of justice or to prevent abuse of process of Court---Courts are not to act upon the principle that every procedure is to be taken to be prohibited unless it was expressly provided for by C.P.C., but they have to act on the converse principle that every procedure is to be taken as permissible till it was shown to be prohibited by law. Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678; Najam Ali v. Lal Khap and 6 others PLD 1968 Kar. 59; Ahmed Ali v. Registrar, Cooperative Societies PLD 1971 Kar. 182; Sheikh Ghulam Moin-ud-Din and 3 others v. Mst. Razia Begum and 7 others PLD 1974 Lah. 173; Narsingh Das v. Mangal Dubey ILR Vol. 5, Allahabad 163 and P.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi PLD 1969 SC 65. rel. (b) Practice and Procedure--- ---- Courts are not to act upon the principle that every procedure is to be taken to be prohibited unless it was expressly provided for by law, but on the converse principle that every procedure is to be understood as permissible unless it was shown to be prohibited by law.--[Duty of Court]. (c) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 19, Ss. 151 & 115---Dismissal of application for restoration of application for re-admission of appeal which had been dismissed for non­prosecution---Competency---Such application was competent and Court under its inherent jurisdiction was empowered to restore such application---Order of Appellate Court dismissing such…

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