Law:

Section:

(a) Limitation Act (IX of 1908)--- -----S. 12(1)-Limitation--Computation---Day on which order was passed is to be excluded and time would start running from next date. (b) Civil Procedure Code (V of 1908)--- ----O. IX, R.4---Suit dismissed for non-prosecution---Restoration---Sufficient cause---Neither counsel for plaintiff nor plaintiff himself appeared before the court, resultantly, suit was dismissed for non-­prosecution---Plea raised by plaintiff was that due to illness, his counsel did not attend the case and he was under impression that matter was being properly prosecuted---Plaintiff further raised the plea that his non-appearance and that of his counsel was the result of circumstances beyond their control---Plaintiff also contended that suit was dismissed before issuance of summons to defendant and it could be restored without hearing the defendant---Validity---Cause shown by plaintiff was reasonable and in view of showing sufficient cause, High Court re-called the dismissal order---Plaint was restored in circumstances. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.1(e)---Limitation Act (IX of 1908), Art.110---Suit for recovery of arrears of rent---Limitation---Date when cause of action arose---Objection raised by the office was that the suit was barred by limitation---Plea raised by plaintiff was that from the date mentioned in plaint, when cause of action had arisen,' suit was filed within limitation of three years---Validity---Office objection had to be seen in terms of contents of the plaint---Cause of action in the plaint had been pleaded as having accrued on 8-5-2001, and according to Art.110 of Limitation Act, 1908, a suit for recovery of arrears of rent could be filed within three years when the arrears had become due---Suit filed on 26-4-2004 was within limitation---Objection was overruled in circumstances. ORDER For orders on Office Objections. For hearing of C.M.As.Nos.4012 and 6969 of 2005. NADEEM AZHAR SIDDIQI, J.--- By this application the plaintiff has prayed for condonation of one-day delay in filing the application under Order IX, rule 4, C.P.C. The learned counsel for the plaintiff submits that the suit was dismissed on…

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