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O. IX, R.8---Specific
Relief Act (I of 1877), Ss. 39 & 42---Constitution of Pakistan, Art.
185(3)---Suit forcancellation
of document and declaration---dismissal for non-prosecution ---Date of hearing---Scope---Act of court---Date on which
the suit was dismissed for non-prosecution was
not the date fixed for hearing---Validity---Plaintiff was not at fault and, therefor e, she could not be blamed for dismissal of
her suit for non-prosecution ---Error
was with Trial Court, which did not go through the record to ascertain
background which had led to transfer of case to it---Question of limitation
in respect of application seeking restoration of the suit was only relevant
if dismissal itself was proper---Suit filed by plaintiff was dismissed
without notice to her on a date which was not a "date of
hearing"---Such dismissal of suit for non-prosecution was
not legally sustainable and the same was set aside---Supreme Court remanded
the case to Trial Court fordecision
afresh.
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