Ch. Muhammad Ibrahim Zia, C.J.- The captioned appeal by leave of the Court has been filed against the judgment of the High Court dated 27.12.2018, whereby , the writ petition filed by the appellants, herein, has been dismissed.
2. The precise facts of the case are that the declaratory suit filed by respond ent No. 3, herein, against the appellants, herein, was pending adjudication in the Court of Civil Judge, Sehnsa. During pendency of the suit, the appellants, herein, filed an application for amendment in the written statement. The learned trial Court rejected the application. The revision petition filed by the appellants, herein, before the Additional District Judge, Sehensa, failed. The appellants filed a writ petition before the High Court. The learned single Judge of the High Court (Mr. Justice Raja Sajjad Ahmed Khan), dismissed the writ petition through the impugned judgment.
3. At the very outset the learned counsel for the respondents very graciously conceded that the point raised in the appeal, has substance in the light of record because the Author of the impugned judgment happened to be counsel for one of the parties, therefore, he has no objection in acceptance of this appeal and remanding of the case to the High Court.
4. In view of the admitted facts and concession extended by the learned counsel for the respondents, while accepting this appeal and setting aside the impugned judgment the writ petition is remanded to the High Court with the direction that the same shall be place d before the bench comprising of any Judge other than Mr. Justice Raja Sajjad Ahmed Khan, the author of impugned judgment. After due process of law, the case shall be decided on merit according to law .
This appeal is accepted in the above terms with no order as to costs.