Despite intimation sent to him, Mr. Saeed Ahmad Waheed, Advocate, has not appeared. So, the respondents will be proceeded against ex parte.
2. After hearing the learned counsel for the petitioner, I find that no notice of the date i.e. 28-3-1979 when the suit of the petitioner was dismissed in default was given to him. Furthermore, 28-3-1979 was not a date of hearing; so the suit could not have been dismissed in default.
3.That being the position, this petition is allowed and the order of the A dismissal of the suit in default dated 19-6-1984 and orders subsequent thereto are declared to be without lawful authority and of no legal effect. Resultantly, the suit for possession by pre-emption filed by Muhamad Nawaz against Muhammad Aslam and others stands restored. The petitioner will appear before the learned Civil Judge Sadiqabad on 4-3-1989 who will decide the suit within one month from today.