Law:

Section:

Constitution of Pakistan (1973)--- Arts. 199 & 185(3)-High Court dismissing writ petition both on merits as well as on ground of default in appearance-Counsel of both parties agreeing for case to be remanded to High Court to enable petitioner to file restoration application--Parties also agree­ing as to writ petition being heard and decided on merits only in case of restoration application being allowed-High Court's order set aside and case remanded to be taken up on agreed terms. Messrs S. M. Abdullah 8c Sons v. Messrs Pak Mercantile Corpn. Ltd. P L D 1976 Kar. 268 and Muhammad Haleem and others v. H. H. Mohammad 1Nasim and others P L D 1969 S C 270 ref. ORDER DORAB PATEL, J.---As this petition has been disposed of by consent, we would only state here that the petitioner had filed a writ petition in the Lahore High Court against the orders of the Deputy Settlement Commissioner and the Settlement Commissioner, Rawalpindi and in the events that happened, this writ petition had come up for hearing before a learned Single Judge of the Lahore High Court on 8th June 1976. As the petitioner and his learned counsel were absent, the learned Single Judge could have dismissed the writ petition for default. Instead of so doing, he also examined the merits of the petitioner's claim and dismissed the writ petition both on the ground of default and on merits by his order dated 8th June 1976. Hence this petition for leave. Mr. Akhtar took us through the relevant provisions of Order IX of the Civil Procedure Code and submitted that the learned Single Judge had erred in dismissing the writ petition on merits. He also relied on a judgment reported in Messrs S. M.…

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