WATER AND POWER DEVELOPMENT AUTHORITY Versus WEST PAKISTAN DRILL WELL CONSULTING ENGINEERS & CONTRACTORS

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought against the dismissal of petitioner's civil revision by the High Court. It had arisen out of an arbitration matter.

2. The learned trial Judge dismissed petitioner's application regarding arbitration, in default. The application for restoration was dismissed as time‑barred. The High Court upheld the trial Court's judgment and dismissed petitioner's revision.

3. The learned counsel has vehemently contended that the application was within time; that the original application should also have been restored under the inherent powers of the Court. Thus, the restoration application should not have been dismissed as time‑barred; that the trial Court had passed the requisite orders for deposit of the arbitration fee which had also been deposited. Only reference was to be made, therefore, the application should not have been dismissed under Order IX, Rule 8, C.P.C., that it was not the first hearing. It was an adjourned case. Therefore, he argued, the matter should have been dealt with under Order XVII, Rule 3, C . P. C . instead of Order IX, Rule 8; and, that the respondent was also absent on the day the original application was dismissed for default. Moreover, the restoration would not have caused any prejudice to any party in so far as the merits of the case are concerned.

4. These questions and other related questions require examination. Leave to appeal is, accordingly, granted. The delay in the filing of the present petition is condoned.

5. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents.

6. M.I./W‑33/S Leave granted.