FARYAL ARIF LATIF vs ARIF LATIF O — 2025 SCMR 395 SUPREME-COURT

Case information

Citation: 2025 SCMR 395 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: FARYAL ARIF LATIF vs ARIF LATIF O
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

FARYAL ARIF LATIF VS ARIF LATIF O. IX, Rr. 8 & 9---Restoration of suit, application for---Past conduct of party---Petitioner/defendant was aggrieved of restoration of suit filed by respondent/plaintiff which was dismissed for non-prosecution---Plea raised by petitioner / defendant was that Trial Court was to see the past conduct of respondent/plaintiff---Validity---No obligation was imposed under Order IX, Rules 8 and 9 C.P.C. on the Court to first consider past record before restoring suit to its original position---Court was only required to determine whether sufficient cause for non-appearance was made out for the day when suit was dismissed for non-prosecution---Past conduct could be ruminated to assess seriousness or non-seriousness of a party in litigation---Due to any past reckless conduct, Court could impose costs for any default with a warning---Past conduct alone could not be considered a ground for dismissing restoration application, if sufficient cause for non-appearance on the date of hearing was otherwise made out---Supreme Court declined to interfere in orders passed by High Court affirming restoration of lawsuit which was dismissed for non-prosecution, as there was no illegality or perversity---Petition for leave to appeal was dismissed and leave to appeal was refused.

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