' CH. MUHAMMAD TARIQ, J.---Brief facts of the case are that on 20-7-2001, the respondent No,1 was married to the petitioner No,1 in accordance with Muslim rites and out of this wedlock one son namely Saad Ullah Faisal and one daughter Alishba Faisal were born who are alive and in the custody of their real mother. Both the minors are studying in Chand Bagh School, Muridkay, District Sheikhupura under the supervision of their mother who is a teacher. The petitioner No,1 filed a suit for recovery of dower amount, maintenance and dowry articles against the respondent No,1 which is still pending before the competent Court of law.
2. That on 24-10-2009, the above case was fixed for cross-examination of witnesses of respondent No, 1 . The clerk of the counsel for the petitioner informed the Court that the learned counsel is unable to attend the Court due to foot injuries and on his request, case was adjourned for 14-11- 2009.
3. Again on 14-11-2009 when the case was called, the learned court was informed that the learned counsel is still unwell and tie is unable to attend the Court and to join the proceedings. Learned Family Judge did not accommodate the counsel and closed the right of cross-examination on the witnesses of respondent No, 1 .
4. On 8-12-2009, the learned counsel for the petitioner appeared before the Family Court and submitted an application under section 11(3) of Family Courts Act, 1964 for re-cross-examining the witnesses of respondent No,1 but the application was dismissed by the learned trial Court on 12-1- 2010, hence this writ petition.
5. On 26-1-2010, this Court issued notice to respondent No,1 who is present today with his learned counsel who opposed the writ petition and supported the order of learned Judge Family Court and prayed that Writ Petition be dismissed. Learned counsel for the respondent has placed reliance on case-law reported as 2001 YLR 2415 (Lahore).
6. Arguments heard record perused.
7. The learned counsel for the petitioner has submitted a rejoinder supported with his affidavit in which, the learned counsel has sworn that due to foot injury, he was unable to attend the Court because due to accident, tissues of his left foot were damaged and there was severe pain so he was unable to attend the Court.
8. In the light of above affidavit and in the interest of justice, this writ petition is accepted and one final and last opportunity is given to the petitioner for conducting cross-examination upon the witnesses of respondent No, 1 . The petitioner is directed to appear before the learned Judge Family Court on 27-3-2010 and complete cross-examination. Disposed of.