KHALID IQBAL vs Mst — 2023 CLC 963 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 963 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: KHALID IQBAL vs Mst
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHALID IQBAL VS Mst. YASEEN art.181---application for restoration of suit---Limitation---Question of limitation in respect of application seeking restoration of suit is only relevant, if dismissal itself is proper---In the present case the order of dismissed in default was null and void, the appropriate art. 181, of the First Schedule to the Limitation act, 1908, and in this view of matter, the application for re-admission of suit could not have been treated time barred---Nothing wrong was committed on the part of petitioners that their suit could be dismissed for default, but for a below definitely committed material irregularity---above circumstances the impugned concurrent order being coram non judice/ultra vires, besides suffering from jurisdictional defect neither can be protected nor perpetuated--- Consequently petition is allowed, order impugned herein were set aside and application for restoration of main suit succeeds resulting in its re-admission---The parties are directed to appeared before court of competent jurisdiction for further proceedings.

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