COMPLAINT ABOUT FAULTY SERVICES
2. The case is at the stage of the report of the Reader who was deputed by the order of previous date to establish contact with learned counsel for the claimant by PTCL telephone to determine that if the absence is intentional or we should wait for appearance of any body on behalf of the claimant or not, so as to adjust the proceedings of the case in accordance with availability of learned counsel for the parties.
3. At this stage, it is being stated by Sajid Ali Lashari Reader of this court that it has been stated on telephone during conversation with one of learned counsel namely Malik Mohammad Hanif Advocate that he has no contact with the claimant however requested for adjournment without deputing any representative to attend the court to make request about the adjournment.
4. It is therefore observed that if the telephonic contact would have been established either by one of learned counsel for the claimant or by himself in person by the claimant to make such request for adjournment then the possibility of the adjournment would have been proper to be considered under objection of learned counsel for defendant No.2 and representative of defendant No.1 but since the contact has been made by the Reader on behalf of this court as such the request for adjournment during such like informative telephone message without any request to keep the case in waiting by deputing any representative to attend the court therefore the claimant is not entitled to the adjournment in his own absence and also in the absence of both of his learned counsel.
5. It is however observed that the claimant has right to file the application for restoration under Rule 14 of PCP Rules 2009 by giving cogent reason for such glaring default in persuing the case, if so required.
6. In above mentioned situation, the complaint is hereby dismissed in default with costs with reference to Rule 14 of PCP Rules 2009.
7. The claimant is to bear the costs of the defendants.
8. The file of this complaint is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.