- It is no doubt requirement of law that for restoration of a suit sufficient cause has to be shown that the Court though can dismiss the suit in default but the Court should keep in mind that if a controversy cannot be resolved without evidence, it can receive the evidence from the respective parties and then decide the same in accordance with law — Held: An issue can be framed if the Court so requires. Manzoor H. & 2 others v. M. Khurshid Khan & others 2005 SCR 397 (B)
- Suit filed by plaintiff dismissed in default — Application for restoration of suit filed on same day was dismissed by trial Court — Revision petition accepted by High Court and suit restored — Challenge to — Validity — Application pleaded that he was busy in some other Court — Revisional Court restored suit — Controversy — Can be resolved by trial Court on basis of evidence — Appeal accepted and case remanded to trial Court to decide after providing the opportunity to the parties for producing evidence in that regard. Manzoor Hussain & 2 others v. Muhammad Khurshid Khan & others 2005 SCR 397 (C)
- —Dismissed in default—on the date which was not fixed for hearing—Held: the plaintiffs were not bound appear before the Court on a date which was not fixed for hearing of the case and dismissal of the case on the said date was ab initio void. There was no harm in accepting the application for restoration of the case. Muhammad Ilyas & others v. Ikramullah Khan & others 2017 SCR 1079 (E)
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