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Ss. 42, 39 &
54---Civil Procedure Code (V of 1908), O.IX, Rr.8 & 9---Limitation Act
(IX of 1908), S.5---Suit fordeclaration,
perpetual injunction and cancellation of document---dismissal of suit for non-prosecution ---Restoration
of---Matters fixed on that date when suit was dismissed, were of
interlocutory nature---No substantive step or proceedings in the suit
itself was contemplated or required to be undertaken on that date---Even
the notices issued to the plaintiff were for the purposes of interlocutory matters---Court at the most
could deal with the interlocutory matters and not the suit itself in its
entirety---Unless the suit had been fixed for some substantive hearing or proceedings, it could not have
been dismissed for non-prosecution ---Since
the order dismissing the suit itself ought not to have been made at all,
issue of limitation could not arise in the case and was not a bar to
consider the application for restoration of suit on its merits---Suit should have been
restored---Order dismissing the suit for non-prosecution ,
was set aside and the same was restored to its position as on that date.
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