1. ' ARSHAD SIRAJ MEMON, J.- This petition has been filed against the order dated 11-3-2009 passed by 1st Additional District Judge East through which Appeal No,23 of 2009 was dismissed being not maintainable.
2. ' Briefly facts are that on 10-10-2008, the petitioner and his counsel did not attend the proceedings which were fixed for filing written statement. Therefore, the Xth Civil and Family Judge (East)
3. Karachi vide order dated 10,10-2008, debarred the petitioner from, filing written statement, which was directed to be filed since 19-3-2008.
4. ' The learned counsel for the petitioner submits that he had filed application for recalling the order dated 10-10-2008, in Which it was submitted that the non-appearance was neither intentional nor mala fide due to the fact that he had misplaced his professional case diary and, therefore, was not able to appear before the Court. Such application was considered by the learned trial Court, which was also dismissed vide order dated 12-1-2009. Subsequently, an Appeal No,28 of 2009 was filed, which was also dismissed in which it was held that no appeal or revision lies against the interim order or interlocutory order passed by Family Court. The learned counsel submitted that it was explained to the Lower Courts that non-attendance was not deliberate but due to circumstances of non-availability of the case diary. He submitted that in such circumstances Lower Courts, should have allowed an opportunity to file written statement.
5. ' On the other hand, learned counsel for the respondent submitted that the case is related to the maintenance and the petitioner/defendant was required to file written statement since 19-3-2008.
6. However, no written statement was filed and the lower Court very correctly debarred the petitioner from filing written statement.
7. ' Learned counsel for the petitioner in his arguments has relied upon two judgments i,e, Maqsood Ahmed v. Judge, Family Court, Burewala 2001 CLC 567 and Kh. Muhammad Ahmad Qasim v. Mst.
8. Kaneez Fatima 2006 MI D 1128 I have examined the case and have also considered the contentions raised by the both the learned counsel for the parties. Perusal of the affidavit filed for recalling of the order dated 10-10-2008, merely narrates the non-attendance on behalf of the petitioner/defendant's counsel, which has been filed by the petitioner assigning no reason for his own absence on 10-10-2008 or any 'reason for not filing written statement. The factum of non-attendance of petitioners' counsel was not supported by personal affidavit of counsel. In my considered view, the application for recalling of order was rightly dismissed for negligence on the part of the petitioner to attend the proceedings and for filing written statement. The orders passed are unexceptional and are, therefore, maintained.
9. ' It has been noted that there is no sufficient cause narrated in respect of factum of non-filing the written statement or any reason thereof, as the same was required to be fired since 19-3-2008. No plausible explanation has been submitted for non-filing of written statement and absence of the petitioner on the required date.
10. ' The learned counsel was confronted with the proposition that despite the fact of debarring of the written statement there would be no prejudice caused to him as he can join the proceedings at evidence stage. He was not able to put forth any satisfactory argument in this behalf.
11. ' In Kh. Muhammad Ahmad Qasim v. Mst. Kaneez Fatima 2006 M LD 1128, despite the fact that the petitioner was debarred from filing written statement, he was allowed to join he proceedings and cross-examine the witnesses. Keeping in view the above principle which is also applied in civil cases by Hon'ble Supreme Court, it is observed that despite the fact that the petitioner has been debarred from filing written statement, he may participate in the proceedings conducted by the Trial Court with regard to recording of evidence as it has been submitted that trial is at evidence stage.
12. ' The petition has no merit and is, therefore, dismissed along with listed application.
13. ' These are the reasons of short order passed on 15-5-2009.
14. Petition/.