AJAB KHAN versus INAYATULLAH KHAN

Sections 151 and O IX, r 9 have been excluded in the default order of litigation as well as not disclosing that the plaintiff / applicant is being presented with a notice of submission. ? The suit was revised and ordered to bring the case to its original number and proceed according to law.

1981 C L C 54

[Azad Jammu & Kashmir]

Before Sardar Muhammad Sharif Khan, Actg. C J

AJAB KHAN AND ANOTHER‑Petitioners

versus

INAYATULLAH KHAN AND OTHERS‑‑Respondents

Civil Revision No. 8 of 1979, decided on 1st September ]980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ S. 151 & O. IX, r. 9‑Restoration of suit dismissed in default‑‑Impugned order as well as record not revealing plaintiff/petitioner being duly served with notice for appearance before Court‑‑‑‑Held Case one of abuse of process of Court, sufficient grounds having existed for restoration of suit revision accepted and suit ordered to be brought on its original number and to be proceeded with in accordance with law.

(b) Limitation Act Uh of 1908)‑

‑‑ Art. 181 and Civil Procedure Code (V of 1908), S. 151 & O. IX, r. 9‑Limitation‑Application for restoration of application for revival of suit dismissed in default‑'No express provision with regard to limitation for second application existing, Art. 181 of Limitation Act, being residuary one, held, applicable.‑‑‑[Limitation].

P L D 1955 Bal. 25 ref.

P L D 1971 Kar. 188 rel.

A. L. Dutt for Petitioners.

Abdul Khaliq Ansari for Respondents.

Date of institution : 15th February 1979.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.

🔍 Find a Lawyer

Popular cities: Lahore· Karachi· Islamabad· Rawalpindi· Multan· Faisalabad

ask a advocate free from Kunjah lawyer

Talk to a Lawyer Free · replies in minutes

👋 Need a lawyer? Chat with us free on WhatsApp now.

Lawyers Directory Listing

Find a Lawyer

Every Lawyer listed in this directory is verified by SJP verification Team