Supreme Court Says Revival of Dismissed Civil Cases Must Not Be Hasty

ISLAMABAD: The Supreme Court has issued a judgment, written by Justice Muhammad Ali Mazhar, in a case concerning the revival of a civil suit, directing courts not to make hasty decisions.

According to Express News, the judgment states that the scales of justice tilt neither automatically towards dismissing a case nor towards its revival.

The judgment notes that the civil suit remained pending from 2016, but there is no previous record to hold the petitioner or their counsel responsible for the delay. The court also said that if a lawyer does not appear, the court may, in its discretion, dismiss the case for non-prosecution.

The court held that where a lawyer lacks a sense of professional responsibility, the client bears the loss. The client too should remain vigilant and pursue the case regularly, should not leave everything to the lawyer and become indifferent, and should not ignore the lawyer’s negligence.

The judgment asked lawyers to keep accurate records of hearing dates, cause lists and relevant benches, to consider every legal aspect of a case, and to keep clients informed of progress, possible risks and any settlement offers.

The court wrote that dismissal for non-prosecution caused by a lawyer’s negligence without a firm reason is a serious stain on professional standing, and a complaint may also be filed with bar councils. Where there is a reasonable cause and the demands of justice so require, a dismissed case can be restored. Cases should not be decided solely on excessively technical grounds.

The Supreme Court restored the civil revision petitions filed in the Lahore High Court to their original position. Restoration in each case is subject to a fine of Rs10,000, to be deposited in the account of the Medical Centre of the Lahore High Court Bar Association, with receipts to be presented before the Registrar of the Lahore High Court.