Dismissal of suit for non-prosecution

Dismissal of suit for non-prosecution. Article 181 of the Limitation Act, 1908 in circumstances, was not attracted and courts correctly applied Article 163 of the Limitation Act, 1908 while considering the application for condonation of delay in moving the application for restoration of the suit. Issue of limitation lost its importance when party failed to show any cause for his absence and that of his counsel on the relevant date. Even otherwise, the court was not bound to restore the suit merely because the restoration application was within time.

2009 SCMR 1030