Order Sheet
IN
THE HIGH COURT OF SINDH AT KARACHI
H.
C. A. No.251 of 2017
Date
|
Order with
signature of Judge |
Hearing
(Priority) Case
:
1.
For orders on office objection / reply at “A” :
2.
For hearing of C.M.A No.615/2018 :
3.
For hearing of C.M.A No.1666/2017 :
4.
For hearing of main case :
15.11.2018 : M/S Syed Iqbal Hussain Gillani, Abdullah Aleem
Qureshi and
Rai Mudassir Iqbal Kharal, advocates for the appellant
along
with appellant Aijaz Khan.
Mr. Muhammad Shafi
Muhammadi, advocate for respondent No.1 along with respondent No.1 Amjad Khan.
Mr. Wasif Riaz,
advocate for respondents 3, 4 & 6 along with respondents Mehboob Khan, Mrs.
Nusrat Shahzad Akhtar and Nargis Zaman.
…………
Learned
counsel for the parties have been heard at considerable length. After making
their respective submissions and seeking instructions from their respective
clients, they agree that the consolidated judgment and decree passed in Suits
bearing No.1245/2008 and 1450/2008 be set aside and both the Suits be remanded
back to the learned single Judge for decision afresh. They further agree that
an issue with regard to the maintainability of Suit No.1245/2008 on the point
of limitation be framed by the learned single Judge before proceeding further.
It is stated by the parties that they may file appropriate applications before
the learned single Judge seeking amendment(s) in their pleadings. Any such
application, if filed by them,shall be decided by the learned single Judge as
expeditiously as possible on merits. It is clarified that parties will be at
liberty to lead additional evidence on the point of limitation and if the
pleadings are amended. It is clarified that both the above Suits will be
decided by the learned single Judge without being prejudiced while giving
findings contained in the judgment impugned before us. All the parties request
that timeframe be fixed for decision of both the Suits and listed application
bearing CMA No.615/2018 filed by the present appellant for production of
additional evidence may also be considered by the learned single Judge on
merits.
By
consent, this appeal and listed applications are disposed of in the above terms
with no order as to the costs. At the request of all the parties, it is
expected that entire exercise shall be completed within a period of eight (08)
months.
J
U D G E
J
U D G E
*HCA 251-17/15.11.2018/Short Orders DB/Court
Work/E*
M. Khan