APPLICATION FOR CANCELLATION OF EXPARTE ORDER DATED 18-07-2011.
1. The file was fixed for 12-10-2011 but I was on long leave on the said date w.e.f. 10-102011 to 14-10- 2011 and the Reader had adjourned the case for this date by entry on the daily cause list.
2. The case was previously at the stage of the issuance of the notice to the respondent who is being represented today through his learned counsel.
3. Since the representative has no objection against the cancellation of the exparte order dated 18- 07-2011 as stated by learned counsel appearance on behalf of the respondent on the basis of the Wakalatnama included in the file of the main complaint and since the file of the main complaint is available for perusal along with the present file as such I proceed to dispose off the present application on the basis of the oral statement of learned counsel for the respondent.
4. In accordance with above discussion the present application being for cancellation of exparte order dated 18-07-2011 is hereby accepted with consent of learned counsel on behalf of the respondent subject to the payment of Rs.100/- per day as costs for the intervening period commencing one day after 18-07-2011 i.e. dated of exparte order up to 30-07-2011 being the date of the filing of the application for cancellation of exparte order total amounting to Rs.1100/- and the petitioner being the defendant of the main complaint is being directed to pay the said costs on the next date which is being fixed by restoration of the main complaint for the in the file of the restored complaint and the exparte order is conditionally cancelled accordingly by acceptance of the present application subject to the payment of the costs failing which the exparte order liable to be restored during further proceedings of the main complaint. It is therefore directed that file of the main complaint is to be taken up today by separate order of this date and by preparation of fresh order sheet and a copy of this order is to be placed in the file of the main complaint for ready reference and the said file is to come up on the date fixed in the order sheet of the said file for the payment of costs and further proceedings in accordance with law.
5. The file of this application is to be consigned to the record room duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.