MUHAMMAD YOUSUF SARAF vs DEFENDANT NO. 1 — 1949 PLD 432

Citation: 1949 PLD 432

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1949 Lah. 432

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s):Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan, Khawaja JUDGMENT Reported As: PLD 1972 Azad J & K 7 Result: Petition accepted Judgment JUDGMENT MUHAMMAD YOUSUF SARAF, J.---On 23rd July 1970 when defendants made their first appearance, the Court passed the following order :--- "Plaintiff and counsel for defendant No. 1 are present. Defendant No. 2 is also present. Copy has been given. To come up for written statements on 3-8-1970." On the date so fixed the written statements were not filed but the plaintiff being absent, the Court passed the following order:- "The case has been called several times. Only the agent of the counsel for the vendee-defendant is present. Nobody is present on behalf of the plaintiff. The suit is dismissed for default. Order announced." On the 5th of October the plaintiff moved an application for restoration which was dismissed on the same day. He has now come in revision against the order of dismissal for default. The case is covered by a D. B, ruling of this Court but as it was contended that it needed reconsideration, it was referred to the Full Bench for decision. Order XVII, rule 2 is reproduced below: "Where on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit," Order IX, rule 8 is reproduced…

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