1981 PLP 54 (CLC)
AJAB KHAN AND ANOTHER‑Petitioners Versus INAYATULLAH KHAN AND OTHERS‑‑Respondents
| Citation | 1981 PLP 54 (CLC) |
| Forum / Court | Azad Jammu & Kashmir |
| Bench Members | Sardar Muhammad Sharif Khan, Actg. C J |
| Parties | AJAB KHAN AND ANOTHER‑Petitioners Versus INAYATULLAH KHAN AND OTHERS‑‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 54 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 54 (CLC)?
The case was heard and decided by the Azad Jammu & Kashmir bench comprising: Sardar Muhammad Sharif Khan, Actg. C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 54 (CLC) (AJAB KHAN AND ANOTHER‑Petitioners Versus INAYATULLAH KHAN AND OTHERS‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. L. Dutt for Petitioners.
- Abdul Khaliq Ansari for Respondents.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ ‑‑ S. 151 & O. IX, r. 9‑Restoration of suit dismissed in default‑‑Impugned order as well as record not revealing plaintiff/petitioner being duly served with notice for appearance before Court‑‑‑‑Held Case one of abuse of process of Court, sufficient grounds having existed for restoration of suit revision accepted and suit ordered to be brought on its original number and to be proceeded with in accordance with law. (b) Limitation Act Uh of 1908)‑ ‑‑ Art. 181 and Civil Procedure Code (V of 1908), S. 151 & O. IX, r. 9‑Limitation‑Application for restoration of application for revival of suit dismissed in default‑'No express provision with regard to limitation for second application existing, Art. 181 of Limitation Act, being residuary one, held, applicable.‑‑‑[Limitation]. P L D 1955 Bal. 25 ref. P L D 1971 Kar. 188 rel. Date of institution : 15th February 1979.
Judgment & Decree
‑‑ S. 151 & O. IX, r. 9‑Restoration of suit dismissed in default‑‑Impugned order as well as record not revealing plaintiff/petitioner being duly served with notice for appearance before Court‑‑‑‑Held Case one of abuse of process of Court, sufficient grounds having existed for restoration of suit revision accepted and suit ordered to be brought on its original number and to be proceeded with in accordance with law. (b) Limitation Act Uh of 1908)‑ ‑‑ Art. 181 and Civil Procedure Code (V of 1908), S. 151 & O. IX, r. 9‑Limitation‑Application for restoration of application for revival of suit dismissed in default‑'No express provision with regard to limitation for second application existing, Art. 181 of Limitation Act, being residuary one, held, applicable.‑‑‑[Limitation]. P L D 1955 Bal. 25 ref. P L D 1971 Kar. 188 rel. A. L. Dutt for Petitioners. Abdul Khaliq Ansari for Respondents. Date of institution : 15th February 1979.