' NASIM SIKANDAR, J. ---This application under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 seeks to challenge an order dated 26-9-2005 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 gone through the case file and considered arguments advanced by both the parties. There is no doubt that witness was examined on 18-8-2004 whereas the application for his recall has been made on 29-8-2005 i.e. After period of more than one year. On the other hand this witness has already been subjected to lengthy cross-examination by the learned counsel for defendants. I, therefore, see no justification to recall this witness. However, witness No.2, Mr. Nizam-ud-Din Qureshi, Additional Manager (Recovery) who was not subjected to cross-examination by counsel for defendants is recalled for the purpose of cross-examination.. The application is disposed of accordingly."
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 opportune to the petitioner. I will set aside the impugned order of the learned Judicial Officer and 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.