MALIK HAQ NAWAZ, C.J.---Appellant/Plaintif f through the instant Civil First Appeal has challenged the validity of judgment / order dated 07.07.2020 passed by the learned Additional District Judge Gilgit in Civil Miscellaneous No.14 of 2020, whereby the learned Additional District Judge Gilgit was pleased to dismiss the application of appellant/plaintif f filed for restoration of main suit.
2. Brief facts of the case leading to filing the instant Civil First Appeal are that the appellant / plaintif f had instituted a civil suit before the learned District Judge Gilgit for damages against the present respondent/ defendant.
3. The learned District Judge, Gilgit after registration of the civil suit in the relevan t register started proceedings in the case and during proceedings of the suit plaintif f/appellant has remained absent for consecutive four dates and learned District Judge Gilgit has no option but to dismiss the suit for non prosecution, hence, the learned District Judge Gilgit has dismissed the suit of the plaintif f/appellant on 28-9-2019.
Feeling aggrieved from the said order , the appellant/plaintif f has filed an application before the learned District Judge Gilgit for restoration of the main civil suit.
4. It is pertinent to mention here that the said application was transferred to learned touring Judge at Gilgit, for disposal but later on the application filed for restoration of civil suit has been transferred to learned Additional District Judge Gilgit by this Court and the learned Additional District Judge Gilgit after hearing arguments from both sides has dismissed the application filed by the present appellant/ plaintif f for restoration of civil suit vide judgment/ order dated 07-07-2020. Being dis-content with the said judgment/order the appellant/ plaintif f has preferred the present civil first appeal before this Court for setting aside the same.
5. The Learned counsel for the Appellant/plaintif f submitted that the judgment/ order of the learned Addl. District Judge Gilgit is against law and facts on record, therefore liable to be set aside . He further submitted that the impugned Judgment/order of learned Addl. District Judge Gilgit is contrary to law and facts, hence, not maintainable. He further contended that the learned Addl. District Judge has failed to understand the nature and scope of the case/application for restoration of civil suit and resultantly reached on wrong conclusion, hence, the judgment/order of Addl. District Judge is not maintainable. He further submitted that the application filed by the present appellant/plaintif f is well within time and the learned Addl. District Judge has not considered this important point, hence, the judgment/ order of the learned Addl. District Judge Gilgit is not maintainable. He further submitted that it is well principle of law that cases should be decided on merits but not on technicalities, hence the judgment/ order of the learned Addl. District Judge Gilgit is liable to be set aside and the appeal in hand may be allowed in the interest of justice.
6. On the other hand learned counsel for the Respondent/defendant opposed the arguments of learned counsel for the Appellant/plaintif f and strongly defended the impugned judgment/order of the learned trial Court by contending that the Appeal in hand is not maintaina ble as the conduct of the appellant/plaintif f in the trial Court remained shabby and the learned District Judge has rightly dismissed the suit of the plaintif f! appellant. He further submitted that appellant/plaintif f has failed to show sufficient cause for his absence on continues four dates. He further submitted that plaintif f has not come to the Court with clean hands which shows from the conduct of the appellant/plaintif f. The learned Addl. District Judge Gilgit has rightly exercised his jurisdiction and has dismissed the application of the plaintif f/ appellant after correct appreciation of law and material available on file, therefore, the appeal may be dismissed to meet the ends of justice.
7. I have heard the arguments advanced by the learned counsel for the parties and have also perused the record available on file.
8. It is evident from the record that during proceedings of civil suit before the learned District Jude Gilgit, the conduct of the appellant/plaintif f remained not satisfactory but it is well settled principle of law that technicalities in dispensation of justice should be avoided and as far as practicable the cases are to be decided on merits and the application for restoration of main suit filed by the present appellant/ plaintif f is well within time, therefore, in the larger interest of justice I deem it fit and proper to allow the instant civil first appeal of the appellant/plaintif f by imposing the cost.
9. For what has been discussed above, the instant Civil first appeal is allowed against Rs. 2,000/ - cost and the order of the learned Addl. District Judge Gilgit dated 07-07-2020 passed in C. Misc. No.14/ 2020 and order dated 28-9-2019. passed by the learned District Judge Gilgit in Civil Suit No.21/ 2018 are set aside and suit of the appellant/ plaintif f is restored.
10. Record of trial Court along with certified copy of this order be sent to learne d Addl. District Judge Gilgit for information. This file after due completion be consigned to record.