MUHAMMAD MALIK vs O.G — 2025 PLD 343 ISLAMABAD

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

MUHAMMAD MALIK VS O.G.D.C.L., through Managing Director, Islamabad O. IX, R. 9---Constitution of Pakistan, Art. 199---Constitutional petition--- Dismissal for non-prosecution--- Restoration--- Scope---Disinterest of applicant/petitioner in the proceedings of constitutional petition and application for restoration---Dissatisfaction of the court as to reasoning put forth by the applicant---Factors constituting "sufficient cause" for restoration---Determination---Conduct of the applicant/ petitioner and his counsel showed their disinterest in pursuing the case and delaying/lingering on the matter without any plausible justification---Order of dismissal can be set aside by the court if the applicant satisfies the court as to sufficient cause for his non-appearance when the suit was called for hearing and if the court has come to the conclusion that there is sufficient cause for non-appearance of the party, it may pass an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit---Although the term sufficient cause has not been defined in CPC nor can a specific yardstick be put in place for determining what constitutes sufficient cause and what does not, it always depends upon the facts and circumstances of each case and it has to be left to the judicial conscience of the court to make and form assessment as to whether the cause disclosed by the applicant is a reason good enough to satisfy the court that it was beyond the reasonable control of the party concerned to appear before the court on the date fixed for hearing---In the present case reasons mentioned in the application were based on unspecific, vague and generalized assertions, which could not by any stretch of the language be termed as sufficient cause---No sufficient cause or reason of non-appearance of the applicant or his counsel was mentioned in the application---Application for restoration was dismissed, in circumstances.

MUHAMMAD MALIK vs O.G — 2025 PLD 343 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PLD