' Khawaja Azhar Rashid, learned Assistant Advocate-General for the appellant/Government and Mr. Adam Khan, Advocate learned counsel for the respondent present and heard. Record of the case perused carefully.
2. The operative part of the impugned order recorded by the Additional Sessions Judge-II, Mardan, (Mr. Ziauddin Siddiqui) reads us under:--- "After restoration of appeal, again the case was called but nobody turned up. In the original appeal too, the respondents are proceeded against ex parte. Appeal in hand is accepted, impugned judgment and decree is set aside and suit of the plaintiff is decreed in his favour as prayed for. This order may be treated as order on merits. File be consigned."
3. The learned Assistant Advocate-General appearing on behalf of the appellant vehemently attacked the manner in which the appeal was accepted and the judgment recorded by the Additional District Judge. He submits that the impugned order is not at all a speaking order and that it does not indicate that the lower Court had applied its mind while deciding the case/appeal.
4. A perusal of the impugned judgment would show non-application of judicial mind by the Additional District Judge. He has failed to discuss the facts of the case and to give reasons for his conclusion. Resultantly, the impugned judgment is not only arbitrary but is also perverse. This appeal is, therefore, accepted, the judgment/decree of the Additional District Judge is set aside and the case is remanded back to him with the directions to hear the parties and decide the appeal on merits by writing a speaking order.
5. Since the matter is pending, disposal since long, therefore, the parties are directed to appear before the District Judge, Mardan on 2-5-1998. The District Judge is directed to dispose of the appeal on or before 2-7-1998 positively under intimation to the Registrar of this Court.