ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.278 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2323/2021 (Urgent).

2. For order on CMA No.2307/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2308/2021 (Stay).

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13^th December 2021

Khawja Shoaib Mansoor, Advocate for Appellants.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an order dated 20.09.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1013 of 2020, whereby, according to learned counsel for the appellants, CMA No.8814/2021 filed by the appellants under Order IX Rule 13 CPC, has been dismissed, whereas, according to learned counsel, the appellant through listed application has prayed for extension of time to take on record the written-statement, which according to him, could not be submitted in time, as the appellants were residing abroad and the delay in this account was not deliberate. According to the learned counsel for the appellant, unless the written-statement is taken on record, the claim of the respondent, which is over and above the value of the Estate left behind by the deceased, will be considered without examining the claim of the appellants in the suit. It has been further contended by the learned counsel for appellant that preliminary decree prepared pursuant to impugned order is also has erroneous for the reason that reference to movable property has been made, whereas, in the subject suit, there is no movable property involved.

Let pre-admission notice be issued to the respondent, to be served through first thee modes, for 14.01.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*