MUHAMMAD KHALID MUNIR vs NAZAR SADIQ S — 2022 MLD 831 ISLAMABAD

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MUHAMMAD KHALID MUNIR VS NAZAR SADIQ S.12---Civil Procedure Code (V of 1908), O. IX, R.9---Constitution of Pakistan, Art.199---Constitutional petition---Suit dismissed for non-prosecution---Restoration---Time frame---Sufficient cause for non-appearance---Determination---Suit for specific performance of agreement to sell filed by respondent / plaintiff was dismissed for non-prosecution--- Two applications for restoration were dismissed by Trial Court but on third application, the suit was restored---Validity---Within Civil Procedure Code, 1908, time frames are provided to regulate cycle of a dispute that enters adjudicatory process---If such time frames are not abided by, the cost inflicted on public interest is debilitating--- Civil Procedure Code, 1908, confers penal powers on Court to enforce prescribed time lines to move along adjudication of suit in order to conclude proceedings within a reasonable period of time--- Entire scheme is meant to ensure that justice is delivered according to law within time lines prescribed by law--- Order of restoration of suit absolved respondent / plaintiff of his obligation to establish sufficient cause as required under O.IX, R.9, C.P.C.---Trial Court did not bring into consideration the question of whether or not respondent / plaintiff had sufficient cause for his non-appearance while allowing his application---Trial Court acted in excess of its jurisdiction under law---Trial Court was under obligation to apply test of sufficient cause and had documented its reasons as to why its conscience was satisfied that non-appearance of respondent / plaintiff before Trial Court on date fixed was excusable in accordance with law---High Court set aside order restoring the suit and remanded the matter to Trial Court for decision afresh on application--- Constitutional petition was allowed accordingly.

MUHAMMAD KHALID MUNIR vs NAZAR SADIQ S — 2022 MLD 831 ISLAMABAD

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