ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.28 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1700/2021 (Urgent).

2. For order on CMA No.646/2021 (u/s. 149 CPC).

3. For order on CMA No.647/2021 (Exemption).

4. For hearing of main case.

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16^th September 2021

Mr. Ashraf Hussain Rizvi, Advocate for Appellant.

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1. Urgency granted.

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

2&4. Instant appeal arises against the impugned order and decree dated 03.02.2021 passed by IXth Additional District Judge (Commercial/Revisional Courts), Karachi East, in Summary Suit No.57 of 2020, whereby, the suit filed by the respondent for the recovery of an amount of Rs.1,20,00,000/- alongwith interest of 6% per annum, has been decreed.

Learned counsel for the appellant submits that the appellant had no privity of contract whatsoever with the respondents, nor issued cheques, therefore, filed an application under Order VII Rule 11 CPC for rejection of plaint against the appellant, however, no order was passed thereon, whereas, the impugned order has been passed without taking into consideration the defence of the appellant. According to the learned counsel, though the appellant did not file an application under Section 10(2) CPC, however, such application could have been treated as defence of the appellant.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for a date to be fixed after four weeks, when objection, if any, shall be filed with advance copy to the learned counsel for appellant. R&Ps of the aforesaid summary suit be called before next date.

J U D G E

*Farhan/PS*