AMIN-UD-DIN KHAN, J.--- Through this Civil Revision, the petitioner has challenged the order dated 4.04.1995 which read as follows:- {{URDU TEXT}}c1.-1;111A-1.:. GL;,1re,L)-(-L The brief facts of the case are that the petitioners have filed the suit for declaration. The defendants after appearing filed a written statement and defended the suit. After framing of issued the learned Trial Court invited the parties to produce their evidence. The learned Trial Court vide its judgment and decree dated 9.5.1992 dismissed the suit. Aggrieved by the said judgment the plaintiff/petitioners filed an appeal in the Court of District judge, Liaquatpur. The appeal was dismissed vide order dated 4.04.1995. The learned appellate Court marked the presence of the appellant and respondent and has written that the counsel for the appellant is avoiding from arguing this appeal before the Court intentionally in order to delay the matter, therefore, his appeal is dismissed.
3. The learned counsel for the petitioner states that the order passed by the learned first appellate Court was not in accordance with law, therefore, it be set-aside and the case be remanded back and the learned first appellate Court be directed to decide it on merits.
4. On the other hand, the learned counsel for the respondents states that the order impugned is in accordance with law and they fully support the order.
5. I have heard the learned counsel for the parties and have gone through the record.
6. When the appellant was present before the Court there was no jurisdiction with the first appellate Court to dismiss the appeal for non-appearance of his counsel. If none from the appellant or the counsel was before the Court on the date of hearing then the Court was competent to dismiss the appeal for non-prosecution otherwise when the appellant was before the Court there were two ways to deal with the appeal (i) to adjourn the case for some other date or (ii) to decide the appeal on merits even without hearing the arguments of the learned counsel for the parties. None of these ways have been adopted by the learned first appellate, Court, therefore, the judgment and decree passed by the learned first appellate Court on 4.04.1995 is set- aside, the case is remanded back to the learned Addl. District Judge, Liaquatpur to hear the arguments of the parties and decide it on merits preferably within four months of the receipt of this order. .