' After arguing the case at some length, learned counsel for the respondent, when confronted that the final judgment passed in a matter, without deciding pending application is not sustainable in the eye of law. This issue stood settled through various pronouncements by the superior Courts including, Messrs Waheed Corporation through Proprietor and another v. Allied Bank of Pakistan through Manager 2003 CLD 245, Sheikh Muhammad Kashif v. Askari Leasing Limited through Manager/Chief Executive of Branch/Recovery Officer 2004 CLD 1645 and Messrs M.A. Chaudhry and 3 others v. National Bank of Pakistan, Faisalabad through General Attorney 2005 CLD 875, learned counsel concedes. He has however submitted that the appellant is delaying the matter, with mala fide intent, so as to deprive the respondent from her lawful claim, based on a valid insurance policy.
2. Parties after arguing the case at some length have reached the following consensus:--
(i) The impugned judgment and decree be set aside with the result that the suit of the plaintiff/respondent be deemed to be pending along with application of the appellant for summoning the witnesses.
(ii) Learned counsel for the respondent will contest the application (for summoning the witnesses).
(iii) Learned Tribunal will decide the application in the first instance through a speaking order and thereafter will proceed in the matter.
(iv) Direction to the Tribunal for expeditious disposal of the petition.
3. In view of the above consensus, the impugned order/judgment is set aside with the result that petition of respondent as well as the application of the appellant is deemed as pending before the learned Tribunal. Learned Tribunal will decide the application and thereafter the petition of the respondent. Learned Tribunal will decide the matter finally within a period of two months from the receipt of this order. In case the matter is not decided within the above timeframe, learned Tribunal will convey to the Deputy Registrar of this Court, the reasons for such delay.
' The appeal is disposed of in the above terms.