ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1) For orders on CMA 4428/2007.
2) For issues.
7.5.2007.
Mr. Muhammad Yaseen Azad, Advocate.
Mr. Muhammad Ali Jan, Advocate.
Mr. Bashir Ahmed Advocate.
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Issues settled by the court.
1) Whether the suit as framed and filed is maintainable in law?
2) Whether the plaintiff and defendant No. 1 to 4 and late Sikandar are the co-owners of 80% share in the mining companies carried on as joint venture in the name of M/S Green Marbles Works Ltd.?
3) Whether the plaintiff is entitled to claim in property in pursuance of the award decree passed in Suit No. 378/79?
4) Whether upon the death of Malik Sikandar who died issue less, the property has devolved upon his legal heirs Malik Mir Hazar and defendants and or on the plaintiff, if so what is its effect?
5) Whether the plaintiff has retired from the Directorship / partnership of the company as alleged by the defendants, if so, what is its effect?
6) Whether the plaintiff is entitled to the relief claimed in the plaint?
7) What should the decree be?
Parties are directed to file list of witnesses within seven days, original documents within one month. With the consent of the learned counsel for the parties Mr. Muhammad Jamil Advocate is appointed as Commissioner for recording of the evidence of the parties. Fee of Commissioner is fixed at Rs. 5000/- per witness which shall be borne by the respective parties. Commissioner is directed to submit its report within six months hereof. Plaintiff is directed to file affidavit in evidence of the plaintiff and his witnesses before the Commissioner with the advance copy to the other side. Commissioner shall exercise commencement of recording of the evidence after the lapse of one month and in case of unnecessary adjournments sought by any one of the parties he shall be at liberty to levy fine of Rs. 2500/-. The commissioner is directed to return the commission after the expiry of six months.
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