2020 PLP 1486 (CLC)

ALI BAIG, J.

This civil 1st appeal has been preferred against the impugned judgment/order dated 18-6-2019, passed by the learned Referee/District Judge Diamer, whereby the learned trial Court/Referee Judge has struck of the right of the appellant/petitioner for adducing his evidence and has dismissed the reference petition of the appellant.

2. Briefly stated facts forming back ground of this civil 1st appeal are that the present appellant/petitioner has filed a Reference petition under Section 18 of the Land Acquisition Act, 1894 in the court of the learned District/Referee Judge Diamer against the award No. LAC/DBDP-10/2015 dated 26-4-2016, passed by the Collector Land Acquisition Diamer Basha Dam.

3. The aforesaid reference petition was subjudice before the learned Referee Judge Diamer and matter was fixed for evidence of the petitioner on 08-11-2018 and the learned trial court afforded last opportunity to the petitioner for production of his evidence but the petitioner/appellant could not produce his evidence. Accordingly the learned Trial Court/Referee Judge once again afforded a chance to the petitioner vide order sheet dated 13-5-2019, but the appellant/petitioner again failed to produce his evidence and the learned Referee Judge Diamer vide order sheet dated 15-6-2019, issued notice under Order XVII, Rule 3, C.P.C. for production of his evidence but the petitioner/appellant once again failed to produce his evidence therefore, the learned trial court vide impugned judgment/order dated 18-6-2019 has dismissed the reference petition of the present appellant, hence this civil 1st appeal.

4. The learned counsel appearing on behalf of the appellant contended that the impugned order passed by the learned Trial Court/Referee Judge is contrary to laws and facts on the record of the case as such the impugned order/judgment passed by the learned Referee Judge Diamer is not maintainable and liable to be set aside. The learned counsel for the appellant further argued that the petitioner/appellant had produced his entire evidence/P.Ws in the learned trial court on 18-6-2019, but owing to non-availability of counsel for the appellant the petitioner's witnesses could not be examined/produced in the court. The learned counsel for the petitioner/appellant further submitted that a single opportunity may be granted to the appellant to produce his evidence before the learned Referee Judge Diamer in the interest of justice.

5. I have heard the learned counsel for the appellant and perused the available record.

6. From perusal of impugned order passed by the learned trial court it reveals that notice under section Order XVII, Rule 3, C.P.C. was issued to the appellant/petitioner on 15-6-2019 and petition of the petitioner/appellant has been dismissed on 18-6-2019 within two days of the issuance of notice under Order XVII, Rule 3, C.P.C. in a hasty manner without giving reasonable time to the petitioner/appellant for production of his evidence.

7. It is settled principle of law that courts are sanctuaries of the rights of the litigant persons brought before them and should leave no stone unturned in discharge of their duty conferred upon them by statute. They should not hesitate in exercising powers to do real and substantial justice. It is common connotation that justice hurried means justice buried. Even otherwise justice demands that the valuable rights of the parties need to be agitated upon merits rather than dismissing the matter on technical grounds. In this connection wisdom is drawn from the reported judgment of the Hon'ble Supreme Court of Pakistan reported in 2001 SCMR 159.

8. In view of what has been discussed above. I have come to the conclusion that the learned trial court has committed material irregularity while passing the impugned order, hence I do not deem it necessary and proper to issue notice to the respondents rather I accept this appeal subject to payment of cost of Rs.5000/- to be paid to the respondents by the appellant/petitioner. Consequently the impugned order dated 18-6-2019 passed by the Referee Judge Diamer is set-aide and reference petition of the petitioner shall be deemed pending before Referee Judge Diamer. A single opportunity is granted to the appellant/petitioner to produce his entire evidence in the trial court. The appellant shall appear before the learned District/Referee Judge Diamer at Chilas on 05-07-2019 and learned trial court shall issue notice to the respondents and thereafter fix the matter for evidence of the petitioner/appellant. Appellant is directed to appear before the learned trial court on 05-07-2019. Office is directed to send certified true copy of this judgment to the learned District/Referee Judge Diamer for his information and compliance. File. ZC/106/GB Appeal allowed.