Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R. 4 & S. 151---Dismissal of suit for non ¬prosecution---Application for its restoration filed on the next day alongwith affidavit of counsel contending that the counsel had mistaken the date of hearing---Said application was dismissed by Trial Court---Validity---Trial Court ought not to have adopted the extreme measure of not restoring the suit just for one day's absence when an affidavit given by the plaintiff's counsel had explained such failure---High Court set aside the order and remanded the case to Trial Court for further proceedings on merits. (b) Trade Marks Act (V of 1940)----- ----S.21---Infringement of trade mark---Procedure---Trade mark dispute ought to be decided after hearing all sides as the infringement of trade mark rights creates problems for the commercial world which are the back bone of the economy. JUDGMENT This F.A.O. is a trade mark case which was sub judice before an Additional District Judge at Lahore. The suit was dismissed on 21-7-2001 because of the default of the plaintiff. The plaintiff later moved an application for its restoration taking the plea that inadvertently 27-7-2001 had been recorded as the next date and when it transpired after two days that the suit had been dismissed in default. The learned trial Court did not agree with the contentions raised by the learned counsel for the appellant and for reasons recorded in paragraph No.7, dismissed the application for restoration of the suit. 2. Several notices have been sent to the respondents' side but no one has turned up. This Court is told by the office that pursuant to the last orders of this Court dated 16-4-2003, telegraphic notices have also been sent besides the notices which were sent otherwise. The respondents are, therefore, proceeded ex parte. 3. My learned brother Jawwad S. Khawaja, J, the contentions of the learned counsel for the 10-4-2002 in the following words:-- "Learned counsel contends that the impugned order dated 8-3-2002 passed by the learned Additional District Judge…

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