KHURSHED ALI KHAN vs MUHAMMAD AYUB O — 2025 PLD 718 SUPREME-COURT

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KHURSHED ALI KHAN VS MUHAMMAD AYUB O.IX, Rr.8 & 9---Dismissal of a suit for non-prosecution when the case was fixed for recording of evidence---Discretion of court to dismiss suit once ripe for hearing---Settlement of issues, effect of---The moment issues are framed in a suit, it becomes ripe for hearing---Distinction between pre-issues and post-issues proceedings stated---The petitioner filed civil suit wherein issues were framed and when the case was fixed for recording evidence, it was adjourned due to the absence of the defendants---However, on next date, though respondents/ defendants Nos. 1 to 7 were present, the petitioner failed to appear, resulting in dismissal of the suit for non-prosecution---Subsequently, the petitioner filed an application for restoration, citing his father's illness as the reason for absence---The application was dismissed for failure to justify the delay or providing sufficient cause---An appeal against this decision was also dismissed by the district court, subsequently, the petitioner then approached the Supreme Court---Held: In the suit the issues were framed and the moment issues were framed, the suit became ripe for hearing---Notwithstanding the listed applications on the fateful day, the suit was also listed for hearing as the issues had been framed and case was adjourned for evidence of petitioner/plaintiff---The argument that suit was not ripe for hearing or that it should not have been dismissed for non- prosecution and/or at the most the application fixed could have been dismissed, was not convincing---It was well within the discretion of court to dismiss the suit if it was ripe for hearing i.e. after settlement of issues---There was, however, a distinction between date of hearing of suit and date of appearance of parties before settlement of issuesand the later could not be at par with date of hearing which was not the case in the present matter---Leave to appeal was declined and the petition was dismissed, in circumstances.

KHURSHED ALI KHAN vs MUHAMMAD AYUB O — 2025 PLD 718 SUPREME-COURT

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