Rule, returnable forthwith. Heard finally by consent.

2. The Appellant, original Plaintiff, being aggrieved by Order dated 6 May 2011, whereby his Notice of Motion and the Suit are dismissed for want of service of summons.

3. In the suit against the Respondents (Defendants), the Appellant had taken out Notice of Motion No.1334 of 2009 for a grant of necessary ad-interim relief. All the proceedings were duly served. Defendants had appeared through an Advocate. The appearance caused by the Defendants was not restricted to the Notice of Motion as the same was required to be considered as an appearance in the suit. Since the Defendants have duly appeared in the matter and had been served with the proceedings, there was no necessity for service of writ of summons again. The Sheriff report shows that all the necessary steps were taken for the purpose of service of writ of summons. However, the learned trial Judge dismissed the Notice of Motion and the Suit, for non service of writ of summons. The Appellant took out necessary Notice of Motion for restoration of the suit. The same also dismissed by the impugned order.

4. The relevant extract of roznama/order is as under:

“Defts