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STATE BANK OF PAKISTAN versus ZOR ENGINEERS LTD.


The Code of Conduct 1908 Sections 24 and 151 provides for the trial court's monthly statements and counsel's advice for the applicant satisfied with the progress but recommends that the trial judge be instructed to settle the case quickly. If released, it will not instruct to suppress the request. A trial judge should avoid a lengthy grant and speed up the process.

1985 M L D 199 (1)

[Lahore]

Before Amjad Khan, J

STATE BANK OF PAKISTAN--Applicant

versus

ZOR ENGINEERS LTD. and 3 others--Respondents

Transfer Application No 140/C of 1983, heard on 28th November, 1984.

Civil Procedure Code (V of 1908)--

---Ss. 24 & 151--Transfer application--Trial Court submitting monthly statements of proceedings and counsel for petitioner satisfied with progress but suggesting that if in circumstances a direction to trial Judge for expeditious disposal of case was issued he would not press application--Direction issued to trial Judge to avoid grant of lengthy adjournments and expedite proceedings--Transfer application disposed of as having borne fruit and not pressed.

M.A. Rehman and M.A. Zafar for Applicant.

Maqsood-ul-Hassan for Respondent No.2.

Nemo for Respondents Nos. 1, 3 and 4.

Date of hearing: 28th November, 1984.

JUDGMENT

After perusing the monthly statements of proceedings submitted by the trial Court, learned counsel states that he is satisfied with the progress and suggests that in the circumstances a direction to the learned trial Judge to cause expeditious disposal of the suits will suffice and in that case he will not be interested in pressing this application.

Learned trial Judge is directed to avoid grant of lengthy adjournments and to expedite proceedings so as to be able to decide the cases preferably within 6 months from today and in any case not later the onset of the coming summer vacation, with intimation to this Court. He may, if the exigencies of 'situation so require, take day to day proceedings. In the meanwhile submission of monthly statements of proceedings is dispensed with.

Transfer application is disposed of as having borne fruit and not pressed. No order as to costs.

M.Y.H. Application disposed of.

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