ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.173 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1539/2022 (Urgent).

2. For order on CMA No.1540/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1541/2022 (Stay).

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Dated; 24^th May 2022

Mr. Talha Javed, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant High Court Appeal, the appellant has impugned order dated 06.04.2022 passed by the learned Single Judge of this Court in Suit No.1172 of 1997 filed by the respondent No.1 against remaining respondents, seeking declaration to the effect that the subject property of the suit is a benami property, which suit according to learned counsel for appellant was filed in the year 1997 and was dismissed for non-prosecut6ion, whereas, the appellant acquired ownership of the subject property after completion of codal formalities in the year 2018 through a registered sale deed, however, the suit was subsequently restored, wherein, evidence of the parties has been concluded and after conclusion of such proceedings, an application has been filed by the respondent No.1 under Order I Rule 10 CPC to implead the appellant as a party, who is no nexus whatsoever with the suit, nor any relief was claimed against the appellant. According to the learned counsel for appellant, since third party interest in respect of the subject property has been created, therefore, the respondents might have separate cause of action, which could have been agitated by filing separate proceeding, however, to drag the appellant in the subject suit is totally illegal and unwarranted. It has been prayed that the impugned order may be set aside.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 03.06.2022, when reply/objection, if any, shall be filed with advance copy to the learned counsel for appellants. However, till next date of hearing, the operation of the impugned order shall remain suspended.

J U D G E