(COURT OF APPEAL)

DANIS SILIK v. SULIEMAN GEORGE

AC-REV-637-1967

Principles

·  Civil Procedure—Dismissal of suits for lack of prosecutiofl or setting aside the dis missal order. Civil Justice Ordinance, s. 21 essential to give notice

Civil justice Ordinance, s. 217, does not provide for notice either in the case of dismissal for lack of prosecution or in the case of setting aside such dismissal order when there are sufficient reasons.

Advocate: Abdalla El Hassan and Abdel Wahab Abu Shakiema …………..f or applicant

Judgment

Mahdi Mohamed Ahmed J. (By authority of the Chief Justice), July 30  1969 This is  an application to revise the order of Province Judge Khartoum, dated November 23, 1967 dismissing summarily an application to him to revise the order of District Judge Khartoum, dated September 30,

1967 setting aside the order of dismissal under Civil Justice Ordinance, s. 217 Of CS-52-1959

Applicant urges that the court of first instance set aside the dismissal order without notice to the other party and without sufficient cause being shown.

Civil Justice Ordinance, S. 217,

was meant to afford the courts a machinery for disposing of cases that would otherwise be hanging on for ever. It was not meant to penalise a lethargic plaintiff or to afford an extra defence to an enthusiastic defendant.”

Mohamed Omer Bazara’a v. Abdel Hamid Ali (1962) S.L.J.R. 132.

The above section does not provide for notice either in the case of dismissal or in the case of setting aside the dismissal order. The court of its own motion dismisses the case after the lapse of a year without giving notice to the plaintiff. I cannot see why the court should give notice to defendant in case of setting aside the dismissal once it was satisfied that there were sufficient reasons. I do not agree with the learned advocate for applicant that notice is mandatory.

Furthermore, the reasons assigned by respondent’s advocate on his plaint of September 12, 1967 are in my opinion sufficient to justify setting aside the dismissal order.

This application is therefore summarily dismissed.