MAULVI ANWARUL HAQ, J.--- A civil appeal filed by the appellant against the judgment and decree dated 24.10.1995 of a learned Civil Judge, 'Pakpattan Sharif was pending before the learned Addl.
District Judge, Pakistan Sharif when it was dismissed in default on 1.7.1998. An application was filed for re-admission of the appeal by the appellant on 13.7.1998. The learned Addl. District Judge proceeded to dismiss the application vide order .Dated 15.7.1999.
2. Learned counsel argues that the impugned order is contrary to law and that the application filed on behalf of the appellant did disclose a sufficient cause for re-admission of the first appeal.
3. As per report on the notice issued for today, the respondent was served on 22.9.1999. However, none has turned-up for the respondent. I have gone through the certified copies of documents appended with this F.A.O. I find that the application for readmission was accompanied by an affidavit of the appellant and copies of the relevant entires in the diary of the learned counsel representing him were also appended therewith. To my mind the cause shown in the application as to misunderstanding of the date was sufficient and was otherwise borne out from the affidavit as well as the documents accompanies the application. The learned Addl. District Judge has also been impressed by the fact that at an earlier occasion also the appeal was dismissed for non- prosecution and was later re-admitted. This hardly constitutes a reason for dismissing the application. The mere fact that the earlier order of dismissal in default was set aside is sufficient to negate the said argument of the learned Addl. District Judge. The appeal must have been re- admitted on sufficient cause being shown for the absence of the appellant. Be that as it may, the application was filed well within statutory period of limitation and without any delay whatsoever.
4. For all these reasons, I allow this F.A.O. And set aside the impugned order dated 15.7.1999 of the learned Addl. District Judge. The result would be that the first appeal filed by the appellant .Shall stand restored. A copy of this order be remitted to learned District Judge, Pakpattan Sharif who shall hear and decide the appeal himself in accordance with law.