IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1284 of 2006

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Date Order with signature of Judge

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13/4/2009:

Mr. Mohsin Shahwani, Advocate for the Plaintiff.

Mr. Mazhar Lari, Advocate for Defendant No.1.

Mr. Muhammad Rashid Khan, Advocate for Defendant No.3.

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Out of the pleadings of the parties, following issues are settled:

1. Whether the plaint has been signed and verified by duly authorized person?

2. Whether any credit facility was granted by the plaintiff to the defendant No.2 against the consignment exported vide BL No.SLKHI/04/001323? If so, when and to what extent.

3. Whether the consignment was issued without any proper documentation? If so, its effect.

4. What is the effect of NOC dated 14/6/2005 issued by the defendant No.3 at the request of defendant No.2?

5. Whether the defendant No.3 has committed any fraud with the plaintiff as alleged in Paragraph Nos.12, 13 and 14 of the plaint?

6. Whether the defendant No.1 is liable for Tort of conversion for wrongful delivery? If so, to what effect and extent.

7. Whether the defendant No.1 failed to exercise due care before affecting delivery of the cargo to the plaintiff? If so, to what effect.

8. To what relief, if any, the parties are entitled to?

Documents and list of witnesses be filed within three months.

Listed Application (CMA No.2289/2009) under Order 10 Rule 1-A CPC filed by the plaintiff seeking appointment of commissioner to record evidence of the parties in the instant suit so that the matter could be disposed of expeditiously.

Under the present set of circumstances of the case in hand, Mr. Saeed Ahmed Memon, Advocate, having office at 116-A, Off. Masjid-e-Rehmania, Block No.2, PECHS, Karachi [Tel: 021-455 0724], is appointed as Commissioner to record evidence of the parties. He will get Rs.7,000/- per witness, which shall be borne by the parties of their respective witnesses. The parties are directed to immediately provide the copies of pleadings, issues and documents to the learned Commissioner. Commission to return preferably within four months. It is ordered that the parties shall also file the affidavits-in-evidence of their respective witnesses along with list of witnesses at least 10 days before the date so fixed by the learned Commissioner with advance copies to each other. The commissioner will have power to summon any of the witness from the list of witnesses and he will also have power to close the side if no reasonable excuse is given. The commissioner will have further power of compare the original with photocopies and make endorsement accordingly. Office is directed to send the copy of this order immediately to the learned Commissioner at the given address for due compliance. It is further ordered that in case, any party seek adjournment, same shall be subject to cost of Rs.2000/- to the learned Commissioner and that too for not more than ten days at a time.

CMA No.2289/2009 stands disposed of in above terms.

Karachi;

Dated: 13/4/2009 J U D G E