1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against the dismissal by the High Court, of petitioners' Civil Revision which had arisen out of petitioners' suit for declaration and permanent injunction.
2. ' Petitioners' evidence was closed by Court order on an assumption that they had failed to produce evidence despite adequate opportunity. Their suit was also dismissed. On their appeaFthe learned District Judge took the view that the petitioners had not affixed proper court-fee, request for making up the deficiency was disallowed and their appeal was accordingly dismissed. On their Civil Revision the learned Judge did not agree with the appellate Court on the question of court- fee. However, it on its own treated the order passed by the trial Court closing petitioners' evidence, as unexceptionable. The said order was restored on account of their conduct and accordingly their revision petition was dismissed notwithstanding the fact that the order impugned in revision was not found sustainable.
3. We, after having perused the reasoning of the High Court and the trial Court consider it a fit case for grant of leave, inter alia, to examine; whether, the High Court should not have remanded the case to the learned District Court for hearing of the petitioners' appeal on merits; and if not, whether the petitioners' revision could and should have been dismissed on the assumption that the order passed by the learned trial Court was un-exceptionable. In this behalf the correctness, propriety and/or legality of the orders of the trial Court might also require examination. Leave to appeal is granted.
4. ' Security Rs,5,000.
5. ' The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of the appeal.