ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision.Appln.No.S-41 of 2011.

Date of hearing

Order with signature of Judge

For hearing of main case.

21.12.2018.

                        Mr.Abdul Ghaffar Shaikh, Advocate for the applicants.

                                Mr. Abdul  Rehman Bhutto, Advocate for  private respondents

                        Mr.Abid Hussain Qadri, State Counsel for official respondents .

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                        It is contended by learned counsel for the applicants that the learned Appellate Court has dismissed the appeal of the applicants on account of their failure to furnish true copy of impugned decree within time, which infact according to him was furnished within time but was misplaced by the office. By contending so, he sought for setting aside of the impugned judgment and decree with direction to learned Appellate Court to decide the appeal afresh after providing chance of fair trial to the applicants, which is guaranteed by Article 10-A of the Constitution of Islamic Republic of Pakistan. In support of his contentions he relied upon case of Muhammad Iqbal and others Vs. Khan Muhammad and others (PLJ 1999 SC-964).

                        Learned State counsel for official respondents and learned counsel for the private respondents have recorded no objection to the remand of matter for its fresh disposal by learned Appellate Court in accordance with law.

                        In view of above, with consent of the parties, the  impugned judgment and decree are set aside, with direction to the learned Appellate Court to decide the appeal of the applicants afresh on merits, in accordance with law, by providing fair chance of hearing to all the concerned.

                        The instant civil revision application stands disposed of in above terms, with no order as to costs.

JUDGE