ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln.No.S-39 of 2022

DATE                         ORDER WITH SIGNATURE OF JUDGE

01. For orders on office  objection “A”.

02. For hearing of main case.

27.04.2023.

Mr. Riaz Hussain Khoso, Advocate for applicants.

Mr. Aijaz Ali Kalhoro, Advocate for respondent No.2.

                                                            -.-.-.-.-.-.-.-.-

                        Facts in brief necessary for disposal of instant civil revision application are that the appeal preferred by the applicants; it was adjourned for arguments of his counsel, it was dismissed in default vide order dated 27.11.2021; it was restored vide order dated 15.02.2022, subject to payment of cost of Rs.20,000/-; when the applicants were about to deposit the cost by seeking such permission, it was declined by learned Appellate Court vide order dated 15.03.2022, which the applicants have impugned before this Court by preferring the instant civil revision application.                 

            Heard arguments and perused the record.

            The first appeal being statutory right could not be denied on the basis of technicalities; if denied, would negate the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes the right of fair trial to every individual; consequently, the impugned order being illegal having been passed in improper exercise of jurisdiction is set aside with direction to learned Appellate Court to accept the cost, so imposed upon the applicants on account of restoration of their appeal and then to proceed with it in accordance with law. 

                        The instant civil revision application is disposed of accordingly, with no order as to cost.

JUDGE