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Civil Revision No. 1491 of 1982, decided on 4th July, 1984.
---S. 115 and O. VIII, r. 10--Petitioner's suit dismissed by trial Court without affording petitioners an opportunity to prove his case by leading evidence--Respondents failing to file written statement--Order of dismissal passed by trial Judge and that of appellate Court affirming said order was set' aside and case remanded for fresh trial and decision- Held, treatment given by trial Court and appellate Court to petitioner's case was less than fair trial and proper--Petitioner had been condemned unheard--His suit could not have been dismissed summarily and he was entitled to establish his case by production of evidence--Courts below by dismissing suit committed material irregularity and illegality in handling matter before them.
Wasim Ahmad Bokhari for Petitioner.
Syed Muhammad Naqi for Respondents.
Date of hearing: 4th July, 1984.
This petition seeks revision of the judgment and decree of the learned Additional District Judge, Lahore, dated the 23rd June, 1982, affirming in appeal dismissal of the petitioner's suit recorded by the learned Civil Judge, Lahore on the 25th July, 1981. The petitioner challenged the validity of the order of the respondent dismissing him from service. The respondent did not file its written statement and the learned trial Civil Judge proceeded under Order VIII, rule 10 of the Code of Civil Procedure against it. However, without affording an opportunity to the petitioner to prove his case by leading evidence he dismissed his suit. The learned Additional District Judge by a short order endorsed the decision of the learned Civil Judge.
2. The treatment given by the learned Civil Judge and the Additional District Judge to the petitioner's case is less than fair and proper. The petitioner has been practically condemned unheard. His suit could not have been dismissed summarily. He was entitled to establish his case by production of evidence. Both the learned Courts below committed material irregularity and illegality in handling the matter before them.
This petition is accordingly accepted, the impugned judgments and decrees of the learned trial and the first appellate Court are set aside and the suit is remanded to the learned District Judge, Lahore, who will entrust it for fresh trial and decision to a Civil Judge at Lahore with the directions that he will give it priority over other cases ands dispose it of within two months.
M. Y. H.
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