ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.148 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on office objection a/w reply as at ‘A’.

2. For order on CMA No.2128/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2129/2021 (Stay).

5. For order on CMA No.2130/2021 (u/s.148 CPC).

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20^th December 2021

Mr. Salahuddin Chandio, Advocate for Appellant.

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1. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

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

3-5. Through instant High Court Appeal, the appellant has impugned an order dated 26.04.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.303 of 2020, whereby, according to learned counsel for appellant, the learned Single Judge has been pleased to reject the plaint under Order VII Rule 11(a) CPC on account of non-deposit of balance sale consideration by placing reliance in the case of HAMOOD MEHMOOD v. MST. SHABANA ISHAQUE AND OTHERS (2017 SCMR 2022). Whereas, according to the learned counsel for appellant, the facts of the afore-cited case are distinguishable and in view of the recent judgment of the Hon’ble Supreme Court of Pakistan, a plaint cannot be rejected on mere deposit of balance sale consideration, whereas, in the earlier judgment of the Full Bench of the Hon’ble Supreme Court in the case of MUHAMMAD ASIF AWAN v. DAWOOD KHAN AND OTHERS (2021 SCMR 1270) it has been held otherwise.

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*