Heard. The record is taken up for passing necessary order. Perused the case record. On such perusal, it appears that this is a suit for restitution of conjugal rights; and today was also fixed for P.H. But the plaintiff did not turn up before the court when the suit is called for hearing. On the other hand, the defendant appeared before the court and pleaded for a lawful order. The appearing defendant took a plea that the plaintiff’s time prayer is not substantiated with credible information. The Learned Advocate of the plaintiff-side also did not take part in the hearing upon the time petition. The time petition is hereby not allowed.
Upon perusal of the materials on record, it also
appears that the defendant does not admit any claim of the plaintiff in any
manner. In such conditions, considering the facts of the non-appearance of the
plaintiffs on the day the suit is called for hearing, the plaintiffs’ apparent
unwillingness to proceed with the suit any further becomes decisive. It thus appertains
to the provisions of s. 9(4) of the 1985 family Court Ordinance.
Hence, it is ordered that the suit be dismissed under s. 9(4) of the 1985 family
Court Ordinance without costs.