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Appeal No. 212 of 1979, decided on 23rd October,1985.
‑‑‑S. 115 & O. XXIII, r. 3‑‑Disposal of appeal by consent‑‑Impugned orders of District Judge/High Court set aside‑‑Case remanded to District Judge for consideration whether appeal which was not competent in law, might be considered by him as a revision application under S. 115, C.P.C.
S.M.K. Lodhi, Advocate Supreme Court for Appellant.
Ghulam Nabi Bhatti, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents 1 to 6.
Nemo for Respondents Nos. 7 to 10.
‑‑By consent the judgment of the District Judge Sheikhupura, dated 29‑1‑1977 and the subsequent judgment of the High Court, .dated 28‑5‑1979 are set aside, and the case is remanded to the District Judge, Sheikhupura :or consideration whether the appeal filed by the petitioners against the order of the Civil Judge, dated 31‑7‑1975, which was not competent in law, may be considered by him as a revision application under section 115 of the Code of Civil Procedure.
The appeal is allowed in the terms stated above with no order as to costs.
M. I. Order accordingly.
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