ALI BAQAR NAJAFI, J. --- This is an application under Order XLI, Rule 21 read with Sections 141 and 151, CPC, 1908 for setting aside ex-parte order dated 29.11.2012, whereby Civil Revision No. 841 of 2012 was accepted on the grounds that the applicants appeared voluntarily on 12.11.2.012, on which date the case was adjourned to week commencing 19.11.2012. On this date the case was not taken up, whereafter on 27.11.2012 the application for early hearing (C.M. No. 919-C of 2012) of the Civil Revision No. 841 of 2012 was filed which was allowed and the main Civil Revision was fixed for hearing on 29.11.2012, when the ex-parte order was passed. Further submits that respondents No. 1 to 3 were not aware of the fixation of the Civil Revision on 29.11.2012; that no notice was issued to the respondents/applicants; that supplementary list was not provided by the High Court Bar Association for intimation to the counsel; that the main case was not reflected in the cause list and as such applicants/respondents No. 1 to 3 were condemned unheard.
2. I have heard the learned counsel for the applicants/respondents and gone through the available record.
3. The main case was decided on merits on 29.11.2012. The learned counsel has placed on record certificate dated 05.12.2012 issued by the Secretary General of the High Court Bar Association, Rawalpindi stating therein that the counsel was not intimated as list did not contain the case. This certificate is accompanied by an affidavit of the counsel.
4. The intimation about the fixation of the case is a matter between the Bar Association and the counsel. To facilitate the lawyers the latest technology is being used which includes messages through SMS and E-Mails. The learned counsel for the applicants is unable to persuade this Court that the fixation of the case was not in his knowledge. In this view of the matter, this Civil Miscellaneous is dismissed.
Civil Mis.