ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
H.C.A.No.188 of 2014
___________________________________________________________
Order with signature of Judge
04.07.2014
Mr.Haider Waheed,
advocate for appellant
Mr.Muhammad Omar Lakhani,
advocate has filed memo of appearance for the respondents.
………
1. Urgency granted.
2. Exemption granted.
3-4. The appellant has challenged the order dated 24.06.2014 passed
by the learned Single Judge of this court on CMA No.3202/2014 in Suit
No.396/2014. Through the impugned order, Mr.Imtiaz
Ali advocate has been appointed Commissioner to visit the site in presence of
the appellant and respondents and collect the sample of iron bars available in
the form of debris on the plot of the respondents and shall deposit the same
with the Nazir of this court under Identification
Number. Learned counsel for the appellant argued that so far as taking of
sample of iron bars is concerned, he has no objection. He submits that in the
trial court, the respondents have filed a suit for Damages and Compensation and
they have raised objection against quality of steel used in the construction of
building so it is necessary that an independent opinion should be taken on the
quality of steel. Both learned counsel agreed that this High Court Appeal may
be disposed of with the following modifications in the impugned order:-
1. Mr.Muhammad Umar
Lakhani, learned counsel for the respondents, for the
purpose of inspection, will engage M/s. Shaukat Omari and Nazar Siddiqui,
both are Civil Engineers while the appellant will engage Nespak
(Pvt.) Ltd., who have also experties regarding the
inspection of material used in the construction.
2. Both learned counsel agreed that their respective parties
will pay the fees of their respective consultants as may be engaged by them.
3. The consultants engaged by both parties will be present on
the site and samples will be taken by them in presence of parties or their
representatives.
4. Both consultants will submit their reports regarding quality
of steel and reason of falling down the construction.
5. In view of the order passed by the learned Single Judge, the
commissioner has already fixed the date for tomorrow i.e., 05.07.2014 for
inspection and both learned counsel have agreed that let them engage their
consultants and inspection date be fixed as on 08.07.2014. Order accordingly.
6. The consultants will submit their reports within a period of
two weeks to Nazir of this court which will be filed
in the suit No.396/2014 with advance copy to the plaintiffs and the defendant
and if the consultants of the parties will have any difficulty to extract the
material/sample from the site, then for further extension of time, both parties
may file appropriate application in the suit before the learned Single Judge.
The High Court Appeal is disposed of in the above terms alongwith listed application.
J U D G E
J U D G E