Law:

Section:

(a) Civil Procedure Code (V of 1908)-----0. IX, R.9---Restoration of suit dismissed for non-prosecution---Failure to post the date of hearing in diary by counsel of defendant---Such failure was not intentional but due to an oversight---Trial Court refused to restore the case whereas the Lower Appellate Court restored the same ---Validity--­Application for restoration was supported by affidavit of the counsel owning to such oversight and failure on the part of the counsel to inform the defendant/respondent about next date of hearing---No strong circumstances existed on the record tending to show that the defendant/respondent or his counsel acted with negligence muchless gross neglect in prosecution of the suit---Restoration of case was not interfered by the High Court in circumstances. Muhammad Afzal v. Small Business Finance Corporation 1997 CLC 1080; Begum v. Begum Kaniz Fatima Hayat 1989 SCMR 883; Abdul Qavi Siddiqui v. District Judge 1997 MLD 1261; Province of East Pakistan v. Sirajul Haq Patwari (1967) 1 PSCR 35 and Manager, Jammu and Kashmir Estate Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 ref. Ahmed Hassan v. Aziz Ahmed 1979 CLC 629 distinguished. (b) Civil Procedure Code (V of 1908)--- ----0. IX, R.9---Expression "sufficient cause for non-appearance"--­Expression "sufficient cause for non-appearance"---Scope---Failure to post the date of hearing in diary by counsel---Effect---Where such failure was not intentional but due to oversight, the same would amount to "sufficient cause" within the meaning of the term. (c) Practice and procedure- ---- Conflict of s---View taken by the Appellate Forum must be preferred unless it was shown that the view taken was contrary to the settled proposition of law, arbitrary, fanciful or perverse on- the face of it. ORDER This revision application under section 115, C.P.C. arises out of an order, dated 31-3-1999 passed by learned Additional District Judge Sukkur whereby he upset an order dated 12-10-1998 passed by Senior Civil Judge Sukkur and restored the suit dismissed for non-prosecution subject to payment of costs of Rs.1,000. 2. Respondent filed a suit for recovery of Rs.175,000 against the…

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