2006 PLP 910 (YLR)

NASIM SIKANDAR, J.

This application under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 seeks to challenge an order dated 19-7-2005 recorded by respondent No.2, the Judicial Officer, P.C.B.L., Lahore. The operative part of the impugned order reads as under: "I have considered the arguments advanced before me and have also gone through the record. Mr. Hasham A. Khan, Advocate representing Iqbal Haider and others left the Court room when the witness was in witness-box. After recording the evidence the case was adjourned to 22-12-2004 and then to 4-1-2005. The plea of the applicants that they were given the date of 8-1-2005 is incorrect because they intentionally left the Court without any justification and in their absence the case was adjourned to 22-12-2004. From the facts and conduct it appears that the applicants are making efforts to prolong and delay the finalization of the proceedings pending against them. Their absence from the Court is intentional alleged by them. The facts of cited authorities are quite different from the case in hand, because in those cases there was no intentional absence/ disappearance from the Court. Hence these are not applicable in the present case. For the foregoing reasons 1 see no reason to recall the earlier order dated 4-1-2005. However, as per law they can join and contest the remaining proceedings of the present case."

2. After hearing the learned counsel for the parties although on factual side I will not agree with the submissions made at the bar for the petitioner yet in order to fulfil the requirements of justice and to afford an adequate opportunity to the petitioner. I will set aside the impugned order of the learned Judicial Officer and A direct the proceedings to be taken from the stage and the date on which the impugned action was rendered by the learned Judicial Officer.

3. Accordingly, the impugned order of the Judicial Officer is set aside in toto. The Judicial Officer will proceed from the stage of proceedings on which the first impugned action was taken against the petitioner. Also the witness sought to be cross-examined will be recalled and an opportunity will be allowed to the petitioner to cross-examine him. In order to forestall any attempt to prolong the proceedings on the part of the respondent, the Judicial Officer may refuse to grant unnecessary adjournments and may proceed with the matter in case of failure on the part of the petitioner to cooperate.

4. The parties will appear before the Judicial Officer on 15-11-2005. F.M./I-124/L?????????????????????????????????????????????????????????????????????????????????????? Petition allowed.