Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Suit No. 218 of 2007

Date	Order with signature of Judge

Mr. Irfan Aziz, advocate for the plaintiff.

Mr. Muhammad Umar Farooq Khan, advocate.

Mr. Umar Shoaib Pirzada, advocate.

Ms. Ascho Marzia Begum, State Counsel.

Date of hearing  :  14.09.2015.

ORDER ON C.M.A. No. 8668 of 2010

NADEEM AKHTAR, J. – This application has been filed by defendant No.4 National Bank of Pakistan praying that its name be deleted from array of defendants.

2.         This Suit has been filed by the plaintiff for declaration and permanent injunction in respect of property bearing No.1-D/16, Sector 14, Korangi Industrial Area, Karachi (‘the suit property’). It is the case of the plaintiff, as averred in the plaint, that he intended to purchase the suit property ; defendant No.1 persuaded him to grant a general power of attorney in his name for purchasing the suit property ; the entire sale consideration was paid by him ; as defendant No.1 did not purchase the suit property, the same was purchased by him with additional funds ; defendants 1 and 3 prepared false and fake documents and obtained finance facilities from defendant No.4 by mortgaging an immovable property ; by using the power of attorney granted by the plaintiff, defendant No.1 availed finance facilities from defendant No.4 ; and, defendant No.1 has fraudulently executed sale deed in respect of the suit property in favour of defendant No.2.  In view of the above allegations, the plaintiff has prayed that the said sale deed executed by defendant No.1 in favour of defendant No.2 be cancelled and be declared as null and void.

3.         In this application, defendant No.4 has stated that there is no allegation against him in the plaint nor has any relief been claimed against him. Perusal of the plaint shows that there is specific allegations that finance facilities were obtained from defendant No.4 by defendant No.1 on the basis of the power of attorney granted in his favour by the plaintiff. In my opinion, defendant No.4 is a necessary party to these proceedings as injunction has been sought by the plaintiff against all the defendants jointly and severally. The presence of defendant No.4 before this Court is, therefore, necessary to enable the Court to adjudicate upon all the issues involved in this Suit effectually and completely.

4.         Foregoing are the reasons of the short order announced by me on 14.09.2015, whereby this application was dismissed with no order as to costs.

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               J U D G E