Dismissal of suit for non-prosecution---Suit, not fixed for hearing---Effecte--Petitioner impugned the concurrent dismissal of his application for restóration of suit which was dismissed for non-prosecution--

 بہت عرصے کے بعد اس طرح کا دوبارہ فیصلہ آیا ہے........

2021 YLR 631

Dismissal of suit for non-prosecution---Suit, not fixed for hearing---Effecte--Petitioner impugned the concurrent dismissal of his application for restóration of suit which was dismissed for non-prosecution--- Validity--Suit. was at the stage of arguments/decision upon application for - temporary injunction when it was dismissed for non-prosecution which, as a matter of course, could not have been dismissed being beyond the mandate of the proceedings fixed for that particular date ie decision upon application for temporary injunction---Impugned order amounted to a surprise order because as per law when an application was fixed then any other order except an order upon said application amounted to a surprise order, which was not warranted by the law---High Court while adverting to the ground qua delay in filing of application for restoration observed that such type of order was without jurisdiction and void, therefore, question of limitation did not arise.