' CH. MUHAMMAD TARIQ, J.--- The petitioner has assailed the impugned order dated 9-6-2010 passed by learned Addl. District Judge, Faisalabad, on the ground that the learned first appellate court has dismissed the appeal on technical ground holding therein that the petitioner has not complied with the mandatory provisions of law and while filing appeal has not annexed the copy of notice and postal receipts as required under Order XLIII, Rule 3 of C.P.C.
2. Learned counsel has annexed with this file the copy of notice as well as copies of postal receipts and has contended that the 'learned first appellate court has ignored these documents and has passed the impugned order on the basis of technicalities which is not sustainable in the eyes of law because the petitioner while filing the appeal has observed all the formalities laid down under Order XLIII, Rule 3, C.P.C. Therefore, the case be remanded back to the learned first appellate court for deciding it on merit.
3. Learned counsel 'for the respondent has vehemently opposed this civil revision.
4. Arguments heard. Record perused.
5. The operative part of the impugned order is re-produced as under:- "The perusal of file reveals that the appellant has not issued notices to the respondent before filing of appeal, hence, he has not complied with the provisions of Order XLIII, Rule 3 of C.P.C. In view of above, the instant appeal is hereby dismissed. The learned trial Court be informed. File be consigned to the record room after completion."
6. Perusal of record reveals that the petitioner served the respondent No,1' with legal notice which was sent through past. The postal receipts duly certified by the Post Master, Faisalabad City, are also annexed with this civil revision as Anne xure-F/1 .
7. In the light of these documents, the contention of learned counsel for the petitioner is proved. The instant civil revision is accepted, impugned order dated 9-6-2010 passed by learned Addl. District Judge, Faisalabad, is set aside and 'the case is remanded back to the learned District Judge, Faisalabad, for deciding it on merit.