' KHURSHID ANWAR BHINDER, J.--- Petitioner has preferred this writ petition against the judgment and decree dated 6-3-2007 passed by the learned Judge Family Court, Haroonabad in a suit for restitution of conjugal rights whereby he dismissed the suit filed by the petitioner.
' The petitioner filed an appeal against the aforesaid judgment and decree before the learned Additional District Judge, Haroonabad, who vide his order dated 10-12-2007, dismissed the appeal holding that the same is not maintainable, hence this constitutional petition.
2. I am afraid, the learned Additional District Judge, Haroonabad has erred in maintaining that the appeal is not maintainable. Section 14 of the West Pakistan Family Courts Act, 1964 (Act XXXV of 1964) provides a right of appeal to the aggrieved party. First appeal being a valuable right it is the legal obligation of the first appellate Court to apply its judicial mind to the evidence produced instead of mechanically upholding findings of trial Court. The learned appellate Court has not even kept in mind the basic provision of law providing a right of appeal. A person of the status of Additional District Judge should know the basic law and if he does not know the basic law, he could not make a decision by applying his judicial mind. The learned appellate Court has neither cited the provisions of law nor referred any case-law under which the appeal was not maintainable before him.
3. Under the circumstances, this petition is allowed, order dated 10-12-2007, passed by the learned Additional District Judge, Haroonabad is set aside, the appeal filed by the petitioner shall be deemed to be pending before the learned Additional District Judge, Haroonabad who shall decide the same in accordance with law on merits.