' This civil revision is directed against the order, dated 14-7-1990/ 14-12-1990 (there is some confusion about the date of order) by which the learned Additional District Judge, Toba Tek Singh, accepting the appeal of Hamid Baig and others, the defendants-respondents, set aside the order dated 14-11-1989 passed by the learned trial Judge on the application of the plaintiff-petitioner for temporary injunction restraining his opponents from the order dated 6-2-1989 passed by defendant-respondent No,2 (Superintendent Engineer) sanctioning the enhanced water supplies for garden of respondents Nos.4 to 7 from Outlet No,21795-L Rajbah Tharsana.Canal Lower Chanab Canal West.
2. The main grouse of the learned counsel for the plaintiff-petitioner is that the learned Additional District Judge, while disposing of the appeal of his opponents, did not afford him the opportunity of being heard. This fact is obvious from the impugned order as well which does not indicate as to whether the petitioner was served or not and under what circumstances he was not present at the time of hearing of appeal.
3. Learned counsel representing defendants-respondents Nos.4 to 7 has no objection if the appeal is re-heard by the learned Additional District Judge or by some other Court of competent jurisdiction at the district level with the participation of both the parties.
4. This being so, the civil revision is accepted, the impugned order dated 14-7-1990/14-12-1990 is set aside and the appeal is remanded and now entrusted to the learned District Judge, Toba Tek Singh for disposal in accordance with law where the parties arc directed to appear on 2-12-1991. /Order accordingly.