MUHAMMAD ARIF, J.--- In this matter a suit brought by respondent Muhammad Arif claiming the amount of interest of Rs. 12,72,655/- on account of the same having been utilized by the petitioner Zila Council, Sheikhupura, was decreed on 7.7.1997. The petitioner-Zila Council brought Regular First Appeal No. 265 of 1997 which was sought to be disposed of through C.M. No. 1-C of 1999 and was allowed on 20.4.1999 as below:- "Allowed. The appeal stands dismissed as having been withdrawn." Petitioner-Zila Council resorted to an application under section 12(2), CPC to impugn the order dated 20.4.1999 which was disposed of through the impugned order dated 24.11.1999 with the observation that reliance of the petitioner on. The case reported as Moula Bakhsh versus Muhammad &hid (PLD 1990 SC 596) would tantamount to recognizing a right in favour of the petitioner to file the appeal afresh. Paragraph 2 of the order reads thus: "If that be so, the appellant would file a fresh appeal. There is no provision under which the appeal can be returned for refiling. Even otherwise, section 12(2), CPC has absolutely no applicability."
2. Learned counsel for the petitioner when confronted with the above situation asked for making an observation to the effect that the petitioner-Zila Council can bring a fresh appeal, learned counsel for the respondent stated that it is to the same effect that the order impugned through this Petition has been passed by the learned members of the Division Bench of the High Court.
3. In this view of the matter, this petition is disposed of with the observation that as the disposal of Civil Miscellaneous Applications vide order dated 24.11.1999 clearly talks of the availability of a right of the petitioner-lila Council to tile a fresh appeal against the judgment and decree made by the Trial Court on 7.7.1997, the petitioner, if so advised, may seek its remedy by filing a fresh appeal before the High Court.