SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 24-3-1987 of the Lahore High Court whereby in revisional jurisdiction a learned Single Judge vacated the temporary injunction granted by the District Judge, Vehari to the petitioner.
2. The petitioner filed a civil suit to challenge the legality of the order of the Divisional Canal Officer whereby he had allowed respondents Nos. l to 3 to draw water from canal outlet which was being used by the petitioner. Alongwith the suit he also applied for a temporary injunction for suspension of the order of the Divisional Canal Officer. The prayer for interim relief was rejected by the trial Court whereupon, he preferred an appeal before the District Judge. The learned District Judge accepted the appeal and directed the maintenance of status quo with regard to use of the outlet.
Respondents Nos. l to 3 challenged the order of the District Judge in revision before the High Court.
A learned Single Judge in the High Court accepted the revision petition and set aside the order of the District Judge solely on the ground that before preferring the appeal the petitioner had not served a notice upon respondents Nos. l to 3 as required by rule 3(1) of Order XLIII of the Code of Civil Procedure.
3. It is contended on behalf of the petitioner that before lodging the appeal the petitioner had in fact served a notice upon respondents Nos. l to 3 under rule 3(1), ibid, and that the learned Single Judge was misinformed in this regard. In support of this contention the learned counsel has placed on record a photostat copy of the postal acknowledgment receipt. He also refers to his memorandum of appeal before the District Judge wherein it was specifically mentioned that a notice had been served upon the respondents.
4. The contention raised on behalf of the petitioner needs examination. Leave to appeal is granted.
Security in the sum of Rs.2,500. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. Status quo to be maintained during the pendency of the appeal which may be listed for hearing within three months.