ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.33 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1082/2020 (u/s. 5 Limitation Act).

2. For order on CMA No.1083/2020 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1084/2020 (Stay).

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14^th February 2022

Mr. Mujahid Bhatti, Advocate files vakalatnama on behalf of the appellant, which is taken on record.

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2. Exemption granted subject to all just exceptions.

1,3&4. Instant appeal has been filed against impugned judgment dated 03.03.2020 and decree dated 09.03.2020 passed by the learned VIth Additional District Judge, Karachi South in Summary Suit No.108 of 2018, whereby, the suit filed by the respondent No.1 for recovery of Rs.1,40,00,000/- has been decreed alongwith markup @ 6% per annum. According to the learned counsel for appellant, the appellant had furnished two cheques as surety as there was no consideration, however, such aspect of the matter has not been examined. As regard the limitation, learned counsel for the appellant submits that he will satisfy this Court for condonation of delay on account of Covid-19 prevailing at the relevant point of time and requests for time to file a statement alongwith annexures to this effect.

Subject to satisfying the Court regarding limitation, let pre-admission notice be issued to the respondents, to be served through first three modes, for a date to be fixed after four weeks, when objections/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E