| Case ID |
16912624-6c90-4ff7-ac1a-d447ceed0be4 |
| Body |
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| Case Number |
Writ Petition No.229 of 2008 |
| Decision Date |
Dec 03, 2008 |
| Hearing Date |
Dec 03, 2008 |
| Decision |
The petitioners, Sanaullah Khan and others, challenged the restoration order of a suit originally dismissed for default due to the Presiding Officer's unavailability. The court found that the dismissal was void as the adjournment was not a hearing date. The petitioners argued that the restoration application was not timely and that the power of attorney was invalid. However, the court upheld the restoration, emphasizing that the dismissal was ab initio void and that limitations did not apply to void orders. Thus, the court maintained the decisions of the lower courts and dismissed the writ petition. |
| Summary |
In the case of Writ Petition No.229 of 2008, the Peshawar High Court addressed the issue of a suit dismissed for default due to the Presiding Officer's absence. The petitioners, represented by Muhammad Ayaz Khan Qasuria, argued that the restoration was unlawful and the power of attorney was invalid. However, the court found that the dismissal was void as it occurred on a non-hearing date. This case highlights the importance of proper legal representation and the implications of procedural errors in civil litigation. It reinforces the principles of the Limitation Act and the Specific Relief Act, emphasizing that limitations do not apply to void orders. The court's decision is significant for understanding the jurisdictional boundaries and procedural fairness in civil cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
HAMID FAROOQ DURRANI,
MUHAMMAD ALAM KHAN
|
| Lawyers |
Muhammad Ayaz Khan Qasuria
|
| Petitioners |
3 others,
SANAULLAH KHAN
|
| Respondents |
15 others,
ADDITIONAL DISTRICT JUDGE-V, BANNU
|
| Citations |
2009 SLD 477 = 2009 CLC 351
|
| Other Citations |
Mst. Gohar Taja v. Sajid and others 2003 YLR 1994
|
| Laws Involved |
Constitution of Pakistan, 1973,
Limitation Act, 1908,
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
199,
163,
181,
42,
O.IX, R.9
|