ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 1393 of 2009

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

30^th. March, 2016.

Mr. Zulfiqar Ali Naich, Advocate for petitioner.

Mr. Shahryar Imdad Awan, Asstt: A.G.

Learned Counsel for petitioner submits that despite best efforts, the petitioner could not be contacted. Instant petition is pending since 2009, whereby the order passed by the two courts below rejecting the plaint of the petitioner has been challenged.

Learned Asstt: A.G submits that the impugned orders do not suffer from any error or illegality as the plaint has been rejected on the point of maintainability as well as on the ground that in respect of same subject property earlier suit filed by the petitioner was also dismissed, whereas, in terms of Section 11 C.P.C second suit is barred. Contentions of learned Asstt: A.G appears to be correct. However, since the petitioner is not coming forward even to issue instructions to his Counsel, whereas, instant petition is pending since, 2009 without any useful progress, this Court has left with no option but to dismiss instant petition for non-prosecution.

JUDGE

JUDGE

A.R.BROHI