' For the order I propose to pass in this civil revision, I will not be referring to the pleaded facts of the case. Suffice it to say that feeling aggrieved of judgment and decree, dated 13-7-2000 passed by the learned trial Court dismissing the suit filed by the petitioner for possession of the suit-land by pre-emption, the petitioner filed a first appeal, which was admitted to hearing and notice was issued. The appeal came up for hearing on 15-1.:2001 when only learned counsel for the respondents was present and none present for the appellant. Learned Addl. District Judge, Rawalpindi, adjourned the case to 16-1-2001 for arguments as, last and final opportunity stating that if counsel for the parties do not address arguments he will decide the appeal after perusing the record. On 16-1-2001 none was present when learned Additional District Judge proceeded to decide the appeal on its merit and to dismiss the same vide judgment and decree of the said date.
2. Notice was issued to the opposite party after noting the contention that the appeal could not have been heard and decided on merits in the absence of the appellant. Learned counsel for the respondents has put in appearance and has not much to say to oppose this civil revision.
3. Now impugned judgment and decree is without jurisdiction. Learned Addl. District Judge could have dismissed the appeal when none of the parties was present, for non-prosecution but he had no lawful authority to decide the first appeal on merits without hearing the parties. Reference may be' made to the case of Sazia Sultana v. Razia Begum (PLD 2003 Lahore 27). The civil revision is accordingly allowed and the impugned judgment. And decree, dated 16-1-2001 of the learned Addl.
District Judge, Rawalpindi, is set aside. The, result would be that the first appeal filed by the petitioner shall be deemed to be pending before the learned District Judge, Rawalp:mdi, the parties and their learned counsel shall appear before the learned District Judge Rawalpindi on 17-5-2004.
The records will be summoned and learned District Judge shall either himself or such a learned Addl. District Judge to whom the case will be entrusted for same day shall hear the parties, examine the records and decide the appeal. No order as to costs.
' A copy of this judgment be immediately remitted to the learned District Judge Rawalpindi.