ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on CMA No. 6721/2014

2. For hearing of CMA No. 16441/2015

3. For hearing of CMA No. 16442/2015

4. For hearing of CMA No. 6038/2014

15.12.2015

Mr. Khawaja Shams ul Islam, advocate for the Principal

Defendant namely Shazia Yousuf Carim.

This suit was filed by the plaintiff for specific performance of a contract and directions in respect of Bungalow No. 38-W (Survey Sheet No. 158), measuring 2000 sq. Yds., Block-6, PECHS, Karachi. Nadeem Ali, the alleged attorney of principal Defendant Shazia Yousuf Carim, in response to the notice of this suit appeared. Finally the parties filed an application under order XXIII rule 3 CPC dated 19.05.2014 seeking compromise in the matter in terms that possession of the above property would be handed over to the plaintiff and her name would be got duly recorded in the record of rights. However, before any order was passed on the said application, this Court vide order dated 19.05.2014 directed the principal defendant to appear in person. She appeared and filed an application under order VII rule 11 r/w section 151 CPC seeking dismissal of the suit on the ground that the plaintiff and alleged attorney namely Nadeem Ali had filed the instant suit in collusion with each other by fraud and forgery and by producing the forged and manipulated documents before this Court and an application under section 476, Cr.P.C. for prosecuting them for committing the alleged fraud.

Record shows that whereafter neither the plaintiff nor the said attorney namely Nadeem Ali have ever appeared to proceed with the matter or to get an order on their compromise application, despite several notices. Their absence appears to be deliberate and lends, prima-facie, credence to the allegations made by the principal defendant in her application under section 476, Cr.P.C.

Be that as it may, since after 19.05.2014, neither the plaintiff nor her counsel have ever appeared to proceed with the matter. Accordingly the suit is dismissed for non-prosecution alongwith all the pending applications including the application bearing CMA No. 16441/2015 under order VII rule 11, CPC. However, the application under section 476, Cr.P.C. is kept alive for hearing on the next date of hearing with intimation notice to the plaintiff as well as to the alleged attorney namely Nadeem Ali.

J U D G E

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