ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.277 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2304/2021 (Urgent).

2. For order on CMA No.2305/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2306/2021 (Stay).

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7^th December 2021

Mr. Tahmasp R. Razvi, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an order dated 15.11.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.264 of 2007, whereby, according to learned counsel, directions have been issued by the learned Single Judge for recording of evidence through Commissioner and accordingly, CMA No.7883/2020 filed by the respondent for such purpose has been granted, whereas, according to learned counsel, appellant filed counter-affidavit to the aforesaid application raising objection on the ground that since two leave to appeals being CPLA Nos.894 and 895 of 2020 arising out of common judgment passed in HCA Nos.235 and 239 of 2009 are pending before the Hon’ble Supreme Court of Pakistan, wherein, appellant filed application under Order VII Rule 11 CPC, which was dismissed, therefore, it was prayed that since the decision in the aforesaid CPLA is pending, instant matter may not be proceeded. It has been further submitted by the learned counsel for appellant that without prejudice to hereinabove submission, without consent of the parties the order for appointment of a Commissioner for recording evidence is otherwise not justified.

Let pre-admission notice be issued to the respondents, to be served through first thee modes, for 21.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*