ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Revision Application No.28 of 2006

Date                                         Order with signature of Judge

1. For Katcha Peshi.

2. For orders on CMA 685/06

29.1.2008.

Mr. Zaheer H. Minhas, for the applicants.

Syed Amjad Hussain, for respondents Nos.1&2.

…..

This Revision Application has been filed by learned counsel for the applicants against Ex-Parte order and decree in Civil Suit No.49/2003, passed by learned VIth Sr. Civil Judge & Rent Controller, Karachi (South) , whereby she was pleased to dismiss the application of the plaintiff, for setting aside the Ex-Parte judgment and order.

Learned counsel for the applicants has shown me the diary sheet dated 09.1.2003, in which Court motion notice was served by one Mr. Javed Iqbal, advocate on 27.2.2003. Learned advocate for the applicants states that Mr. Javed Iqbal, was never engaged by the applicants/defendants and he does not have the Vakalatnama.

Learned counsel for respondents Nos.1&2 has also perused the signature and diary sheet. He is in agreement that with consent of the parties the order passed on application under Order IX, Rule 13 read with Sections 12(2) and 151, CPC, may be set aside and the suit be restored to its original position as it was on 09.1.2003.

Accordingly, the Ex-Parte order and decree passed by the learned trial Court is set aside. The case is remanded back to the trial Court within one week. Both the learned advocates are directed to appear in the trial Court on the next date of hearing viz. 09.2.2008. No fresh notices will be issued by the trial Court to the parties and case shall be disposed of within two months from the date of receipt of this order.

Revision Application No.28 of 2006 stands disposed of in the above terms.

Judge