( 1 ) THIS matter comes up on Civil Application No. 172 of 1995 which was filed by the present applicant for vacating ad-interim relief. This application for vacating ad-interim relief was moved before this Court on 20. 7. 1995 with a copy to Mr. H. S. Munshaw (the learned counsel for original petitioner) supplied on 2. 8. 1995. The applicant seeks vacation of ex-parte ad-interim order dated 19. 1. 1994 which was passed by this court while issuing Rule and whereby the payment of backwages to the present applicant i. e. original respondent in the main Special Civil Application No. 642 of 1994 was stayed. The application for vacating ad-interim relief was filed with proper court fees stamp.

( 2 ) ALTHOUGH a copy of the application was served on 2. 8. 1995 upon the original petitioner who had obtained ex-parte ad-interim order on 19. 1. 1994 without furnishing copy of the Paper Book to the otherside, the application is still pending and has not been disposed of. Two weeks period expired on 16. 8. 1995, and therefore, in terms of Article 226 (3), the ex-parte ad-interim order dated 19. 1. 1994 stood vacated automatically. Article 226 (3) is reproduced as under:"226 (3 ). Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, petition under clause (1), without (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard; makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. "

( 3 ) I find from the facts and record of this case that all the ingredients to invoke the provision of Article 226 (3) are fully available in this case and by operation of the provision contained in Article 226 (3) by itself ex-parte ad-interim order dated 19. 1. 1994 stood vacated with the expiry of the period of two weeks from the date i. e. 2. 8. 1995 on which the copy of the application for vacating order had been duly received by Mr. H. S. Munshaw appearing for the original petitioner. Mr. Munshaw was therefore at pains to pursuade this court to hear the matter on merits but it is not necessary to go into the merits of the application for interim relief at this stage or to continue the order dated 19. 1. 1994 because it stands automatically vacated with the expiry of two weeks period on and from 2. 8. 1995 i. e. the date on which the copy of the application for vacating order was duly received by the learned counsel for the petitioner.

( 4 ) IT is a dismal fact that provisions contained in Article 226 (3) are not being adhered to and for that purpose there are no rules for listing application under Article 226 (3) within the period of two weeks from the date the copy is served on the party in whose favour ex-parte ad-interim order has been passed. In view of the provisions of Article 226 (3) it must flow as consequential duty on the registry by way of rule or administrative circular to deal with such applications separately and it is the duty of the registry and it must also be expected by the party who has obtained ex-parte order that such applications are listed before the court within a period of two weeks from the date copy is served upon the party in whose favour the ex-parte ad