MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that an appeal filed by petitioner No.
1. Province of Punjab is pending disposal before the learned District Judge, Bhakkar against respondent Muhammad Younas. During the pendency of the said appeal, the petitioner filed an application requesting learned appellate Court to summon the respondent Muhammad Younas in person before the said Court on the allegation that he is a fictitious person and the General Attorney who is pursuing the case on his behalf has forged the said authority. This application stands dismissed by the learned District Judge vide order dated 7-6-2000, the same is being assailed through the instant civil revision.
2. Respondent was not being served through ordinary modes, therefore, he was served through registered post A.D., TCS and citation in Daily Nawa-e-Waqt, Multan. Since none appeared, therefore, he was proceeded against ex parte vide order dated 8-9-2005.
3. It is contended by the learned counsel for the petitioner that in fact the alleged attorney of the respondent has forged some documents and prepared a forged allotment in the name of the respondent who is a non-existing person, therefore, the application filed by the petitioner for the personal appearance of the respondent could not have been dismissed in such circumstances.
4. I have considered the arguments of the learned counsel for the parties.
5. The question whether respondent Muhammad Younas is an actual living being and interested in pursuit of the case was a question, which could only be resolved by his personal appearance in Court. In this view of the matter, there was no reason to dismiss the application filed by the petitioner for the personal appearance of respondent Muhammad Younas in Court. Resultantly, this petition is allowed. The order of the learned District Judge dated 7-6-2000 to the extent of refusing personal appearance of respondent is declared to be illegal and without lawful authority.
The learned District Judge shall fix a date for the personal appearance of respondent before him, whereafter, the appeal shall proceed in accordance with law.
C.M. No.283 of 2005.
C.M. No. 2-C of 2005.
6. These are two applications under Order I, rule 10, C.P.C. For being impleaded as a party. The applicants, if so advised, may make such application before the learned District Judge. Disposed of.