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Civil Procedure Code (V of 1908), O. IX, r. 13-Ex parte order passed due to mistakes committed by officials of Court-Parties not to suffer Ex parte order, held, rightly set aside by Court. Gul Muhammad Butt, Advocate Supreme Court instructed by Nasimul Amjad, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 5th October 1967. JUDGMENT HAMOODUR RAHMAN, J.-The petitioner seeks special leave to appeal from an order of a learned Single Judge of the High Court in a revision petition under section 115 of the Code of Civil Procedure, whereby the order of a Civil Judge setting aside an ex parte order in a reference under section 35 of the Land Acqui­sition Act of 1893 was upheld. It appears that the Land Acquisition Collector made a reference in May 1955, in respect of the acquisition of certain property in which Imam Din, Mehraj Din, Manzoor Hussain and some others were shown as parties. Notices were directed to be issued but on the date fixed the file was found to be without the paper; of the Collector. The completion of the record was, accordingly, ordered. Subsequently iii the presence of the Govern­ment Pleader it was fixed for evidence on 21-3-1956. Evidence started on 19-6-1956. Up to this stage the Government Pleader was present on behalf of the Collector. Ultimately the Civil judge refused to interfere with the order of the Land Acquisition Collector. In the meantime, however, the Collector on the 22nd of August 1956, forwarded a new reference in continuation of the previous reference made by him in 1955, presumably, because there had been a change of the site by a slight variation in the Khasra numbers and some of the owners had not come to terms with the authorities, although the parties remained the same. In this reference after notices had been directed to be issued the Civil Judge on the 5th of June 1956, ordered that the file should be put up on 15-6-1956 but the previous file was not put up. As a result of this error on the part of the Court's offices the presence of the learned counsel for the Collector, it appears, was not shown in the proceedings relating to the present petitioner, although he was shown as present in the proceedings…

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