SHAHID KARIM, J.---This constitutional petition challenges the order dated 22.2.2021 passed by the Gas Utility Court Nankana Sahib.
2. It is admitted on all hands that a suit was filed by the petitioner against the respondents Nos.1(a) and (b). While the application for leave to defend was pending, the Gas Utility Court proceeded to delete the names of the respondents Nos.1(a) and (b), Najeeb Mushtaq Vohra and Abid Ali from the array of defendants. This course is not permissible and the Gas Utility Court ought to have decided the application for leave to defend filed by the petitioner and prior to that no proceedings unilaterally and without any application having been filed, could have been commenced by the Gas Utility Court to strike out the parties from the plaint.
As stated above, the impugned order was passed without an application having been made in this regard and upon hearing oral arguments of the parties. It is also interesting to note that one of the respondents had not filed any application for leave to defend and by the impugned order he has been extanded a benefit without even associating himself in the proceedings before the Gas Utility Court. For all these reasons, the impugned order is unlawful and is hereby set aside. This petition is allowed. The Gas Utility Court shall proceed to determine the applications for leave to defend firstly and upon that basis to pass any further orders if at all necessary . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.