AHMED ALI--Plaintiff vs REGISTRAR, CO-OPERATIVE SOCIETIES-Defendant- — 1959 PLD 1

Citation: 1959 PLD 1

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: AHMED ALI--Plaintiff vs REGISTRAR, CO-OPERATIVE SOCIETIES-Defendant- JUDGMENT

Headnotes

Case cited as PLD 1959 Quetta 1

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel, Noorul Arfin Title:AHMED ALI--Plaintiff vs REGISTRAR, CO-OPERATIVE SOCIETIES-Defendant- JUDGMENT Reported As: PLD 1971 Karachi 182 Result: Petition accepted Judgment JUDGMENT NOORUL ARFIN, J.--This Revision Application has been referred to this Special Division Bench for the purpose of determining whether an application under Order IX, rule 9, or under Order XI, rule 13, which is dismissed in default, can be restored, and if so under what provisions of law. In brief, the facts are these: The applicant's services were terminated by the Registrar, Co-operative Societies on 10-6-1966. The applicant filed a suit in the Court of the Senior Civil Judge, Mirpurkhas for a declaration and injunction against the termination of his services. On 23-9-1967, the suit was dismissed in default. On 21-10-1967, the applicant moved an application under Order IX, rule 9, C. P. C., but this application itself was dismissed in default on 22-1-1968. The applicant then made, on 30th January 1968, another application under Order IX, rule 9 read with section 151, C. P. C. for restoration of the first application under Order IX, rule 9, C. P. C. But this application was dismissed on 29-2-1968 by a Civil Judge of Mirpurkhas on the ground that such a second application was not maintainable. The case has been argued before us by Mr. Muhammad Sharif for the applicant and by Mr. S. Hamid Hussain for the opponent. There is considerable conflict of views…

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