M ALIK INAYAT-UR-REHM AN, J. Through the instant civil revision petition the petitioners have called in question the validity and propriety of the impugned judgment/order dated 29.08.2019 passed by the learned 1st Appellate Court Gilgit, whereby the learned 1st Appellate Court Gilgit has wrongly dismissed the appeal filed by the petitioners against struck off the right of the petitioners to file their written statement and has maintained the judgment/decree dated 12-03-2019 passed by the learned trial Court Gilgit against the petitioners.
2. Brief history involves in the instant revision petition are that the present respondent No. 1/plaintiff had instituted a civil suit against the present petitioners/defendants in the trial Court for declaration of his title over the suit property under survey Nos. 621 and 622 situated at mouza Jagir Basin District Gilgit. During pendency of the suit the learned trial Court allowed many chances to the present petitioners/defendants to file their written statement but they failed and the learned trial Court lastly struck off the right of the present petitioners/ defendants to file their written statement vide order dated 12-03-2019. Being aggrieved and dissatisfied from the order dated 12- 03-2019 the present petitioners/defendants filed civil first appeal before the 1st Appellate Court Gilgit, which was also dismissed by the learned 1st Appellate Court, hence this civil revision petition.
3. I have heard the ex-parte arguments of the learned Additional Advocate General as the respondents have already been proceeded ex-parte on previous date of hearing and record perused.
4. The learned Addl. Advocate General appearing on behalf of the petitioners/defendants contended that the impugned judgments/decrees passed by both the learned lower Courts are contrary to law and facts on the record of the case as such the impugned judgments/decrees are not maintainable and liable to be set aside. He further contended that the impugned judgments/decrees passed by both the Courts below are based on suppositions and conjectures and have occasioned in mis-carriage of justice as such not sustainable in the eye of law and liable to be set aside. He further argued that the 1st appellate Court Gilgit has entirely mis-conceived and misinterpreted the law, whereas the Civil Court lacks jurisdiction to entertain the Matter and the 1st appellate Court has also failed to exercise its jurisdiction properly and has committed gross irregularity and illegality resulting in the impugned judgment therefore by accepting this civil revision petition both the judgments/orders passed by lower Courts may be set aside to meet the ends of justice.
5. It is evident from perusal of para No. 1 of the impugned order dated 29.08.2019 of the learned 1st appellate Court that the order dated 12-03-2019 impugned before the learned District Judge Gilgit in first appeal was recalled by the learned trial Court vide order dated 21-05-2619 and the impugned order dated 12-03-2019 was set aside and the suit restored so the appeal/revision in which the present impugned order is passed had become infructuous for the simple reason that the order impugned through the 1st appeal/ revision had by operation of law and subsequent events lost its legal force, effects and validity therefore; the 1st appeal pending before the learned District Judge converted into revision petition had become infructuous and any order passed on that infructuous appeal/revision petition has no legal effects what so ever hence hereby set aside.
The petitioners are at liberty to seek their remedy of filing written statement before the learned trial Court. Further the present petitioners have filed revision petition against an order passed in civil first appeal converted into revision by the learned District Judge Gilgit against which second revision petition does not lie in law therefore, the same is converted .into writ petition in the interest of justice and the parties and is decided as above. File be consigned to record after due completion.