RAJA MUHAMMAD SABIR, J.- Learned counsel for the appellants contends that the appeal was not restored on technical ground of limitation. Further argues that parties cannot be kept out of Court on technical grounds and the policy of law is that the matter be decided on merits rather than throwing litigant out of Court on the basis of technicalities.
2. Learned counsel for the appellants is prepared to pay adequate cost to the other side in case appeal is restored subject to cost.
3. Learned counsel for the respondents does not contest the appeal if the same is accepted subject to payment of heavy cots.
4. The appeal is accordingly accepted on payment of cost of Rs. 1,000/- to respondent No. 1 by appellants. The impugned order is set aside. Appeal of the appellants shall be deemed to be pending before first Appellate Court, who shall decide it on merits after hearing the parties within two months from today.