Table of Contents
- Introduction
- What the Law Says – Order IX Rules 8 and 9 CPC
- What Happened in the Case
- What the Petitioner Argued
- How the Court Responded
- Does Past Conduct Matter?
- Final Thoughts
- Meet Muhammad Amin Advocate
Introduction
Suits often get dismissed when parties don’t show up in court.
But the law allows restoration if the absent party has a valid excuse.
That’s where Order IX of the Civil Procedure Code comes in.
Still, many argue that if someone has a history of delay or carelessness, they don’t deserve a second chance.
Let’s see how the courts actually handle this.
What the Law Says – Order IX Rules 8 and 9 CPC
Order IX Rule 8 allows the court to dismiss a suit if the plaintiff doesn’t appear.
Rule 9 gives the plaintiff the right to apply for restoration.
The key requirement is to show a “sufficient cause” for not showing up that day.
The law doesn’t ask the court to dig into the party’s full past performance—just that day’s excuse.
What Happened in the Case
In this particular case, the plaintiff claimed to own Bungalow No. 2023 and filed a suit for declaration and possession.
The court dismissed the case when the plaintiff didn’t appear on a hearing date.
Later, the plaintiff requested restoration and gave a reason for his absence.
The trial court restored the suit.
The defendant wasn’t happy and challenged the restoration in the High Court—but the High Court didn’t entertain the revision.
So, the defendant went to the Supreme Court.
What the Petitioner Argued
The defendant claimed the plaintiff had shown a pattern of irresponsibility.
He argued that the excuse given for missing court was false and made-up.
He also pointed out that the plaintiff had already recorded oral evidence but still didn’t present documents when the court expected them.
In his view, the restoration wasn’t justified.
How the Court Responded
The Supreme Court saw things differently.
It held that the trial court had acted within the law.
The focus, the Court said, should remain on the excuse for that specific day—not on everything that happened before.
So long as the excuse is genuine and timely, restoration can go ahead.
The Court saw no serious legal error and refused to interfere with the High Court’s order.
Does Past Conduct Matter?
Yes—but only to a certain extent.
Courts can consider a party’s previous behavior to decide how serious or careless they’ve been.
That said, past conduct isn’t enough on its own to reject a restoration request.
If a valid reason exists for the absence on the day of dismissal, courts usually restore the suit.
However, if someone has a pattern of delaying, courts may impose costs or warnings to discourage misuse.
Final Thoughts
Restoring a dismissed suit isn’t about punishing the past—it’s about checking the present reason.
Courts don’t let litigants escape responsibility, but they also don’t shut the door if someone makes an honest mistake.
This case shows that justice balances fairness with procedure.
Meet Muhammad Amin Advocate
Muhammad Amin Advocate brings over 7 years of hands-on legal experience.
Based in Peshawar, he runs a dynamic law practice offering both in-person and online legal services globally.
He helps clients with civil, criminal, family, and corporate cases, including company registration, tax filing, and property matters.
You can visit him at Office No. 14, Zeb Plaza, University Road, Tahkal Payan, or call him directly at 0313-9708019 for expert legal advice that’s professional, reliable, and accessible.