' This petition arises out of a suit for restitution of conjugal rights filed by Khaleem Gul, respondent No,3, against the petitioner which was decreed by the Family Court on 12th May, 1987. Aggrieved, the petitioner filed an appeal which was dismissed by District Judge, Mianwali, on 23rd September, 1987.
2. It is contended by the learned counsel for the petitioner that the Courts below while decreeing the suit of the petitioner have misread the record and have failed to consider material evidence. It is also pointed out by the learned counsel that no reason whatsoever was given by the District Judge for holding that the petitioner/defendant was at fault and was not prepared to live with her husband without any justification.
3. There is force in the last contention of the learned counsel for the petitioner. From the judgment of the District Judge, it is quite evident that while coming to the conclusion that it was the petitioner who was at fault no reason whatsoever was given apart from observing that- "From the evidence on the record, it is held that the defendant/appellant is herself at fault and is not prepared to live with her husband."
Such disposal of a cause by the lower appellate Court is not warranted by law. It was incumbent upon the District Judge to have considered the evidence produced by both the parties and which have been accepted or rejected before arriving at any conclusion. The appeal does not appear to have been decided in accordance with law.
' As a result of what has been said above, this petition is accepted, the judgment and decree of the District Judge, Mianwali, dated 23rd September, 1987 is declared to be without lawful authority and of no legal effect, with the result that the appeal shall be deemed to be pending before him and shall be disposed of afresh. As the respondent has not appeared to contest this petition, there shall be no orders as to costs.