Order Sheet

 

IN THE HIGH COURT OF SINDH KARACHI

 

Suit No. 742 of 2007

 

Date

              Order with signature of Judge

 

Mr. Amir Malik, advocate for the plaintiff.

 

Syed Fazal-ur-Rehman, advocate for the intervener.

 

 

Date of hearing  :  05.10.2015.

 

 

ORDER ON C.M.A. No. 867 of 2012

 

 

NADEEM AKHTAR, J. – This application has been filed by the intervener Khidmat-e-Khalq Foundation under Order I Rule 10 CPC praying that it may be allowed to join this Suit as a defendant.

 

2.         This Suit for declaration and permanent injunction has been filed by the plaintiff in respect of Flat No.7, situated on the 2nd floor of Plot No.N.A-21, Block A, Khudadad Colony, Karachi. The plaintiff has claimed that the suit property was purchased by her for valuable consideration vide conveyance deed dated 03.11.2006. She has alleged that defendant No.2 (KBCA now SBCA) is trying to demolish the entire building in collusion with defendant No.1.

 

3.         It is the case of the intervener that the entire Plot No.N.A-21 was purchased by it for valuable consideration from defendant No.1 and the same stands in its name vide mutation order dated 18.04.2011. In support of its claim, the intervener has filed copies of its resolution No.06 dated 17.01.2012, registered amended declaration of its trust dated 03.10.2010, mutation order dated 18.04.2011 issued by CDGK and challan dated 19.04.2011 in respect of ground rent and transfer / mutation fee of Plot No.N.A-21. Vide statement dated 09.10.2013, a copy of the registered conveyance deed dated 30.12.2008 in respect of Plot No.N.A-21 executed by defendant No.1 in favour of the intervener, was also filed by the intervener.

 

4.         No counter affidavit to this application has been filed till date by the plaintiff or any of the defendants. However, learned counsel for the plaintiff has opposed this application by stating that the intervener is not a necessary party to this Suit.

 

5.         Since the intervener is claiming ownership of Plot No.N.A-21 and has filed copies of relevant documents, it is a necessary party to this Suit. In my humble opinion, the issues involved in the instant Suit cannot be decided effectually and completely in its absence. It will be open for the parties at the time of trial to prove their case on the strength of the evidence led by them.

 

6.         Foregoing are the reasons of the short order announced by me on 05.10.2015 whereby this application was allowed as prayed and the plaintiff was directed to file the amended title within fifteen (15) days.

           

 

 

 

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               J U D G E