ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Suit No.484 of 2004

Date                                         Order with signature of Judge

1. For hearing of CMA 3034/04.

2. For hearing of CMA 3035/04.

3. For hearing of CMA 7445/04.

4. For hearing of CMA 9466/05.

5. For Issues.

03.9.2007.

Mr. Muhammad Umer Lakhani, for the plaintiff.

Mr. Khalid Rehman, for defendant No.1.

Mr. Naveedul Haq holding brief for Mr. Shahenshah Hussain, for defendant No.2.

Mr. Ainuddin Khan, for defendant No.3.

…..

1&2.    These applications are not pressed by learned counsel for the plaintiff, which are accordingly dismissed as not pressed.

3.         Deferred.

4.         This application has been filed by the defendant No.3 seeking striking-out of its name from the array of the defendants in the suit. Learned counsel for the defendant No.3 states that the defendant No.3 is neither a necessary nor proper party as the real dispute is between the plaintiff and defendant No.1 inasmuch as the plaintiff has sought damages only against the defendant No.1. He states that if the suit is decided in favour of the plaintiff and plaintiff desirous for the fund of the defendant No.1 to be collected, on passing of an order by this Court, the defendant No.3 will comply with the Court’s order.

In view of the above statement by the defendant No.3, learned counsel for the plaintiff does not press this application and the same is, therefore, disposed of as such.

5.         Adjourned.

Judge