' MAULVI ANWARUL HAQ, J.---For the order I propose to pass in this case I will not be referring the pleaded facts in much detail. Suffice it to say that the suit filed by the petitioner against the respondent for recovery of Rs,24,500 on 26-2-1996, was decreed on 8-11-2002 ex parte. On 23-11- 2002, the respondent filed an application under Order IX, rule 13, C.P.C. For setting aside of the said ex parte decree. The application was resisted. It was dismissed by the learned trial Court on 28-4- 2004. Against this order first appeal was filed on 1-11-2004. The appeal was prima facie barred by time and was accompanied by an application for condonation of delay. It was admitted to regular hearing and records were summoned. Vide judgment, dated 25-3-2005 appeal was allowed and then case was remanded back to the learned trial Court for trial of the application on merits.
2. Learned counsel for the petitioner contends that first appeal was barred by time and was accompanied by an application for condonation of delay. Without attending to the said objection and deciding the said application learned Additional District Judge, Multan has proceeded to allow the appeal. Learned counsel for the respondent has nothing much to say, on the above said contentions.
3. Now I do find that the appeal was barred by time and an application had been filed for condonation of delay. Examination of interim order-sheet show that on one occasion on 10-3-2005, learned Additional District Judge did call upon the learned counsel for the parties to first address on the question of limitation, perhaps thereafter the said fact missed his attention. The impugned judgment, therefore, does attract the mischief of section 115, C.P.C. Civil Revision is accordingly allowed. The impugned judgment, dated 25-3-2005 of learned Additional District Judge, Multan is set aside. Result would be that the first appeal filed by the respondent shall be deemed to be pending in the Court of learned Additional District Judge, Multan (Mr. Haseeb Sheikh). Before whom the parties shall appear on 20-10-2005. Learned Additional District Judge shall requisition the records and in the first instance shall decide the question of condonation of delay and then the appeal afresh on merits.