ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.107 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2473/2021 (Urgent).

2. For order on CMA No.2474/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2475/2021 (Stay).

-----------

20^th December 2021

Mr. Liaquat Ali Khan, Advocate for Appellant.

-*-*-*-*-*-

1. Urgency granted.

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

3&4. Through instant First Appeal, the appellant has impugned the order and decree dated 24.11.2021 passed by the learned VIIth Additional District Judge (MCAC), Karachi South in Summary Suit No.113 of 2021, whereby, according to learned counsel for appellant, the suit filed by the respondent under Order XXXVII Rules 1&2 CPC for the recovery of Rs.2,200,000/-, has been decreed without considering the defence of the appellant as stated in the leave to defend application, which has not been taken into consideration on account of delay of three-days. According to learned counsel for the appellant, the delay of three days occurred on account of unavoidable circumstances, which have been condoned, and if the defence of the appellant would have been taken into consideration, as the entire amount was already paid by the appellant, the impugned order could not have been passed.

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

J U D G E

*Farhan/PS*