' MAULVI ANWARUL HAQ, J.---A suit for recovery of money filed by the appellant against the respondent inter alia with reference to a criminal case registered against appellant No,1 wherein he was acquitted by the learned trial Court. After completion of the proceedings under Order 33, C.P.C.
The suit was registered and the respondents were summoned to file a written statement. On 2-9- 2005, an application was filed praying for rejection of the plaint under Order VII Rule 11, C.P.C. It was stated therein that the appeal against the acquittal is pending in this Court. The application was resisted by the appellant who stated that the said contention is not correct and no such appeal is pending or stands admitted to hearing by this Court. The learned trial Court acting on a certificate issued by a learned Advocate stating that the appeal has been filed, proceeded to reject the plaint vide order, dated 8-6-2006.
2. The appellant present in person reiterates that no appeal was filed against the acquittal. Learned counsel for the respondents when confronted states that an appeal was filed but as to what became of the said appeal after it was filed in the office of this Court, he has no knowledge.
3. We have examined the trial Court record. According to the certificate relied upon by the learned trial Court the appeal was filed vide Diary No,1921 of 2004. We have requisitioned the file from the office. Appeal was filed vide Diary No,1921 on 24-8-2004. Office raised an objection that the power of attorney in favor of the learned counsel who had presented the appeal, is not available. The objection was not attended to and was ultimately put up before the Court. Vide order, dated 3-4- 2006, the objection was upheld and the appeal was ordered to be returned. However, according to the office no one has turned up to receive back the file.
4. Having examined the said records, we do find that the learned trial Court has not only acted illegally but without lawful authority while rejecting the plaint in the said manner. The R.F.A.
Accordingly is allowed. The impugned judgment and decree, dated 11-10-2005 is set aside. The result would be that the suit filed by the appellant shall be deemed to be pending before the learned Senior Civil Judge, Lahore, before whom the parties shall appear on 3-5-2007. A copy of this order along with records shall be immediately remitted to the learned Senior Civil Judge, Lahore who shall take all steps to decide the suit before the year, 2007 is out. No orders as to costs.