ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Ist Appeal No.59 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1466/2021 (Urgent).

2. For order on CMA No.1467/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1468/2021 (Stay).

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10^th August 2021

Mr. Moazam Ali, Advocate for Appellant.

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1. Urgency granted.

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

3&4. Instant Ist Appeal arises against the impugned order dated 09.07.2021 passed by the learned XIth Additional District Judge, Karachi East, in Summary Execution No.1/2018 arising out of Summary Suit No.27/2017 on the application under Order XXXVII Rule 4 CPC read with section 151 CPC filed against the judgment and decree dated 29.11.2017 passed in Summary Suit No.27/2017, whereby, according to learned counsel for appellant, the request of the appellant for setting aside the exparte judgment and decree has been declined. It has been contended by the learned counsel for appellant that the appellant is behind the bar, therefore, could not pursue his case, whereas, the judgment and decree based on photocopy of promissory note etc., therefore, the impugned judgment and decree and the order, as referred to hereinabove, is liable to be set aside.

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

J U D G E

*Farhan/PS*