' SYED HAMID ALI SHAH, J.- The respondents through filing a civil suit assailed mutation, dated 25-9- 1962 on the ground that the land was mutated in favour of the petitioners on the ground that Asghar Ali died issueless and the petitioners are his legal heirs, being collateral; that the mutation was result of misrepresentation as the respondents are daughters of the deceased and this fact was concealed at the time of attestation of mutation. Learned trial Court on conclusion of trial, was pleased to dismiss the suit vide judgment and decree, dated 18-5-2004. The respondents assailed the judgment and decree of the learned trial Court through an appeal, which was accepted by the learned appellate Court vide judgment and decree, dated 28-i-2006, hence this revision petition.
2. The petitioners assailed the appellate decree on the grounds that the onus of issues Nos.3 and 7 have been wrongly placed on the petitioners. In the course of arguments my attention was drawn to the statement of Mst. Afsari Begum (Petitioner No, 7), which was recorded by the learned trial Court wherein she has stated that the plaintiffs are her first cousins and she is not willing to pursue the case against them. The appellate Court gave undue weight to her statement and based its conclusion mainly on her statement.
3. It is reflected from the record that Mst. Afsari Begum (Petitioner No,7) was not cross-examined. It is settled law that the statement of a witness or deponent of an affidavit, carries weight only when such witness/deponent is cross-examined. The statement of a material witness, without its cross- examination has no legal value. Further the appellate Court has not given its findings with regard to the stance of the petitioners that onus of issues Nos.3 and 7 has wrongly been placed on the petitioners.
4. At this juncture, both learned counsel agreed for the disposal of this petition on the terms that the impugned judgment be set aside. It shall be left to the appellate Court either to record cross- examination of Mst. Afsari Begum by itself or send the file to the learned trial Court for recording of cross-examination. Thereafter learned appellate Court will decide the matter afresh after considering all points involved in the case.
5. In view of the above consensus, the judgment and decree of the appellate Court is set aside with the result that the appeal of the petitioners is deemed to the pending before the learned appellate Court. Learned Appellate Court shall either record the cross-examination itself or send the file to the learned trial Court for this purpose. Thereafter learned Appellate Court shall decide the matter afresh, after considering all aspects of the matter. The parties will appear before the learned appellate Court on 29.-10-2007. No fresh notice will be necessary as the instant order is being dictated in presence of learned counsel for the parties.