ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Civil Rev. Application No.S-11 of 2014
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Date |
Order with signature of Judge |
For hearing of CMA No.274/2016
18-04-2016
Mr. Aftab Ahmed Baloch Advocate for applicant
Mr. Safdar Ali Bhatti Advocate for respondent
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O R D E R
1. Instant Civil Revision Application has been filed by the Town Officer TMA/TMO Mirwah against an ex-parte order dated 8.11.2013 passed by Additional District Judge-III Khairpur in Execution Application No.10/2013 (Summary Suit No.15/2013) on the ground that impugned order as well as the judgment and decree in the instant matter have been passed ex-parte on the basis of false signatures on the three cheques which were subject matter of summary suit.
2. Notice was issued on above CMA No.274/2016, pursuant to which, objections have been filed on behalf of respondent on such application filed u/o 41 rule 5 r/w section 151 CPC, which have been taken on record and copy whereof supplied to the learned counsel for the applicant. Learned counsel for the applicant submits that in the instant matter impugned order dated 8.11.2013 as well as the judgment and decree was passed ex-parte, whereas, according to learned counsel, the alleged cheques issued in the instant case in favour of the respondent/decree holder were forged and bogus. Per learned counsel, an application u/o 37 rule 4 CPC filed by the applicant is still pending disposal before the court of III-Additional District Judge Khairpur, whereas, the executing court started to proceed with the execution by attaching the amounts of applicant department.
3. Learned counsel further submits that respondent did not perform the contractual work at all, who was issued cheques by the official of TMA Mirwah against whom enquiry has been conducted and the delinquent official has been suspended from service. Learned counsel further submits that on account of non-appearance of counsel for the applicant, interim order passed in the instant revision has been recalled, hence, prays that the interim order passed earlier may be extended and applicant may be heard, whereafter, executing court may be at liberty to proceed with the execution in accordance with law. Learned counsel further submits that alternatively, instant revision application may be disposed of by directing the learned trial court to decide the application filed u/o 37 rule 4 CPC by the applicant/judgment debtor in Summary Suit No.15/2015 within a reasonable period of time strictly in accordance with law. Learned counsel for the respondent extended his no objection if instant revision application is disposed of in the above terms, however, submits that purported application u/o 37 rue 4 CPC filed by applicant before trial court is not maintainable, as it has been filed by incompetent person without any valid legal grounds. This aspect of the matter can be examined and decided by learned trial court where such application is pending disposal as per learned counsel for the applicant.
4. Accordingly, instant revision application is disposed of by consent of learned counsel for both the parties, with directions to the applicant to approach the learned trial court in the above summary suit No.15/2015, who shall decide the application of the applicant u/o 37 rule 4 CPC, if still pending, after notice and hearing the concerned party, preferably, within a period of four weeks from the receipt of this order. In the meantime, the execution court may not finalize the execution proceedings till final disposal of above application on merits.
5. Instant revision application stands disposed of along with listed application in the above terms.
Judge
Suleman Khan/PA