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Judgment
BILAL NAZKI, J.—It is pointed out that the learned single Judge has passed an order in CMP Nos.16892 of 2000 and 20224 of 2000. Both these application relate to an order of stay passed by the Court. It appears that an ex parte order has been passed, which has been confirmed after hearing both sides when a vacate stay petition was filed.
On perusal of the record, it is found that the appeal itself is still to be taken on record. The appeal has been filed beyond time and an application seeking condonation of delay has also been filed. There is a delay of 59 days in filing the appeal.
We are of the view that before registration of the appeal and before deciding the application seeking condonation of delay, orders in these civil miscellaneous petitions should have not been passed. This position of law is conceded even by the learned Counsel appearing for the respondent.
Therefore, without going into the merits of the appeal, we allow this appeal, set aside the order of the learned single Judge and request the learned single Judge to take up the application seeking condonation of delay and pass appropriate orders.
The learned senior Counsel appearing for the petitioners submits that since there is urgency in the matter, the learned single Judge may be requested to dispose of the matter expeditiously. We direct accordingly.