ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.267 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2256/2021 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2257/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2258/2021 (Stay).

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30^th November 2021

Mr. Zamir Hussain Ghumro, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection(s) before next date of hearing.

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

4&5. Through instant High Court Appeal, the appellant has impugned order dated 20.10.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.476 of 2014, whereby, according to learned counsel, without recording reasons two applications (CMA Nos.14741 and 14742 of 2021) for opening the side and recording evidence of the plaintiff and appointment of a Commissioner has been passed without realizing that Baseer Ahmed, who was sub-attorney of the plaintiff, has died, whereas, the plaintiff is not coming forward to pursue the matter. According to the learned counsel for appellant, allowing such witnesses to be examined in the suit after closing the side of both the parties was neither legal nor justified.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 09.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. In the meanwhile, the operation of the impugned order regarding CMA Nos.14741 and 14742 of 2021 shall remain suspended till next date of hearing.

J U D G E

*Farhan/PS*