1. JAWWAD S. KHAWAJA, J.--- Appellant is present in person. He states that the matter has been settled out of Court. This is confirmed by learned counsel for the respondent Kamran Khokhar. In the circumstances, this appeal is disposed of.
2. For the Petitioner: M. Ajmal Khan, Advocate. Date of hearing: 13th January, 2002.
3. SAVED NAJAM-UL-HASSAN KAZMI, J.--- Main allegation of the petitioner is that without complying with the pre-requisition, of Section 51 of CPC and Order 21, Rules 37 and 40 of CPC, the learned Additional District Judge proceeded to sent the petitioner in prison, with the condition that he should remain there unless the decretal amount is paid. It is alleged that the petitioner could not have been sent to prison unless it is proved that he had the means to pay the decretal amount and refused to pay the amount or that, he was leaving the territorial limits of Court or he, will intend to defeat decree, transferred property during the pendency of the suit. It is added that no inquiry was conducted nor any speaking order was passed and in a mechanical manner the petitioner was directed to be lodged in the prison. Prima facie there appears to be substance in the submissions of learned counsel for the petitioner. Impugned order does not appear to be speaking one nor appears to have been passed after complying with the provisions of Section 51 of CPC. In this view of the matter the impugned order is suspended and it is directed that subject to furnishing of third person simple security for appearance of petitioner before learned Additional District Judge, the petitioner should be released from prison. Main petition be listed for hearing on 3.2.2000.