Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.104 & 115---Revision---Filing of Appeal with incorrect address of a party---Petitioner contended that the respondent had filed an appeal before Appellate Court, wherein incorrect address of the petitioner was given and the petitioner was condemned unheard as a result thereof---Validity---Petitioner had, admittedly, never received the notice of the filing of appeal before the Appellate Court nor had any knowledge of the impugned proceedings and the ---Counsel of the petitioner had died and the copy of the death certificate had been placed on record, and the case had already been admitted to regular hearing---Interest of justice would not be served by non-suiting the petitioner at a late stage on the technical ground of limitation---Petitioner had been condemned unheard---High Court set aside and decree of Appellate Court and the case was remanded to the Appellate Court---Revision was accepted accordingly. JUDGMENT TARIQ JAVAID, J.---This judgment shall dispose of the instant revision as well as C.R.No.423-D/2004 (Raja Latif Ahmad v. Insaf Ali and others), as common question of law and facts are involved therein. 2. Learned counsel for the petitioner has submitted that the respondent had filed appeal before the learned District Judge against the impugned judgment and decree passed by the learned trial Court without giving the correct address of the petitioner. According to the learned counsel, the petitioner was residing at Rawalpindi/ Islamabad while the address given in the Memo of Appeal was Chak No.70-TB Tehsil Arifwala, District Pakpattan. It is contended that the petitioner was never residing at the said address and no notice of hearing was served upon him at his actual address, therefore, he has been contemned unheard. Hence, this revision was filed against the judgment passed by the learned first appellate Court. 3. On the other hand, learned counsel for the respondents has opposed the-revisions on the ground that this revision was filed against the judgment passed by the learned first appellate Court. It is…

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