' MAULVI ANWARUL HAQ, J.---For the purpose of this judgment, reference to pleaded facts in detail would not be necessary, suffice it to say that suit filed by the respondents against the petitioner was decreed by the learned trial Court on 22-11- 2005. Feeling aggrieved, the petitioner filed the first appeal which was taken up by the learned Addl. District Judge, Faisalabad in the absence of both the parties. He proceeded to dismiss the appeal after recording a judgment on merits on 18-9-2006.
2. Present Civil Revision was admitted to regular hearing in view of the said circumstances apparent on the face of record and a notice was issued. Some of the respondents put in appearance in person while the others have been proceeded ex parte. The respondents present, after seeking some adjournments are stating that they are not in a position to engage an Advocate to appear at Lahore. The position has been explained to them that under the law, regular first appeal could not have been decided on merits in the absence of parties. Reference may be made to the case of Shazia Sultana v. Razia Begum (PLD 2003 Lahore 27). They themselves stated that they have no knowledge of the first appeal and they did not receive any notice.
3. In view of above, this Civil Revision accordingly is allowed, impugned judgment and decree, dated 18-9-2006 passed by the learned Addl. District judge, Faisalabad is set aside, the result would be that the first appeal filed by the petitioner shall be deemed pending. The parties shall appear before the learned District Judge, Faisalabad on 10-4-2008 who shall requisition the record and proceed with the hearing of the appeal himself or entrust the matter to some learned Addl.
District Judge who will also summon the remaining respondents and decide the appeal in accordance with law. No order as to costs.
4. A copy of this order be remitted to the learned District Judge, Faisalabad.