Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VI, Rr.17, 18, O.XXII, Rr.3, 6 & S.115---Restoration of appeal---Death of appellant---Non-filing of amended appeal---Appellants failed to file amended appeal, despite the opportunity was given by Appellate Court---Appeal was dismissed by Appellate Court for such failure---Appellants filed application for restoration of appeal on the ground that mother of their counsel had died and due to such happening the amended appeal could not be filed in the prescribed time---Appellate Court allowed the application and the appeal was restored---Validity---Order of restoration of appeal not falling under O.XVII, R.3, C.P.C., provisions of O.VI, R.17, C.P.C. were not attracted---Penal consequences under O.VI, R.18, C.P.C. were prescribed only in case the patty had failed to . amend petition subject to the condition that amendment was sought under O.VI, R.17, C.P.C. and had fulfilled the requirements thereunder---In case O.VI, R.18, C.P.C. was attracted then the Appellate Court could not dismiss the appeal in default---High Court in exercise of revisional jurisdiction did not find any infirmity or illegality in the order of Appellate Court and the same was maintained---Revision was dismissed in circumstances. Sayed Muhammad Shah v. Abdul Jabar Muhammad Yaqub and others AIR (30) 1943 Sind 132 and Sardar Sakhawat-ud-Din and 5 others v. Muhammad Iqbal and 2 others PLD 1983 Lah. 448 distinguished. Mst. Safia Bibi's case 1989 MLD 4535 and N.S. Vankatagriri Ayyanger and another v. The Hindu Religious Endowments Board Madrass PLD 1949 PC 26 rel. (b) Civil Procedure Code (V of 1908)--- ---O. VI, R.18-:-Amendment of pleadings---Extension of time---Scope---Court has to extend time in filing of amended pleadings in terms of O.VI, R.18, C.P.C. Muhammad Hussain Khan and others v. Nawab Khan PLD 1958 AJK 14 and Pahali Raut v. Khulana Bewa and others AIR 1985 Orissa 165 rel. (c) Order--- ---When Basic order is without lawful authority then the superstructure has to fall on ground automatically. Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104 and Crescent Sugar Mills and Distillery Ltd. Faisalabad v. Central Board of Revenue, Islamabad PLD…

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