While dismissing the case for non-prosecution, the Court cannot fix any specific time or period for applying for restoration --- Supreme Court of Pakistan

Islamabad 03-05-2024: The Civil Petition No. 423-L of 2018 was heard by three Member Bench consisting of Honourable Chief Justice Qazi Faez Isa, Mr. Justice Muhammad Ali Mazhar and Ms. Justice Musarrat Hilali. It is observed by the Supreme Court of Pakistan that if the Counsel had pleaded no instructions without seeking instructions of the petitioner and committed a professional misconduct within the relationship of legal practitioner and client, and the petitioner was aggrieved, then obviously, he could have lodged a complaint to the concerned Bar Council against his counsel for professional misconduct. However, nothing was argued before us to prove that any such complaint was ever filed. Another crucial feature is that while dismissing the revision petition in default, the High Court allowed 60 days’ time for applying for restoration or resurrection of the case. No doubt, the Court may dismiss the case for non-prosecution and if any party wants to restore the case, it may apply for restoration of his case at the original stage by way of filing application with satisfactory reasons for non-appearance on the date fixed for hearing, and if the application is time barred, he may also move application for condonation of delay under Section 5 of the Limitation Act, along with the main application for restoration which is considered by the Court regardless of whether any cogent, reasonable, or satisfactory ground is made out for the restoration or not. In case reasonable and satisfactory grounds are made out, including the limitation, the Court may restore the case with or without cost, but while dismissing the case for non-prosecution, the Court cannot fix any specific time or period for applying for restoration as was done by the High Court in this case, whereby a barrier of 60 days was fixed for filing of the restoration application. Such directions were contrary to the provisions of Limitation Act, wherein the limitation period for applying for restoration of a revision petition or application is regulated and controlled by the Article 181 of the Limitation Act.

Powered by Froala Editor