ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.72 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2714/2022 (Urgent).

2. For order on CMA No.2715/2022 (Limitation).

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

4. For order on CMA No.2716/2022 (Exemption).

5. For hearing of main case.

6. For order on CMA No.2717/2022 (Stay).

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Dated; 6^th September 2022

Mr. Ch. Muhammad Abu Bakar Khalil, Advocate for Appellant.

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1. Urgency granted.

3. Learned counsel for the appellant undertakes to assist this Court on the next date of hearing.

4. Exemption granted subject to all just exceptions.

2,5&6. Learned counsel for the appellant submits the impugned judgment and decree have been passed against the appellant, whereas, leave to defend application was dismissed on account of non-prosecution, as his counsel did not appear on the said date of hearing and also did not inform the appellant about dismissal of leave to defend application or impugned judgment and decree, therefore, the appellant could not file appeal within specified period of limitation. It has been further contended by the learned counsel that a criminal case was also registered against the appellant, wherein, he has been acquitted, whereas, during cross-examination, respondent has admitted that an amount of Rs.1,63,58,560/- has been paid by the appellant, whereas, the decreetal amount was part of such payment, however, respondent denies such fact. According to learned counsel for the appellant, if the leave to defend application would have been allowed and the opportunity of being heard would have been given to present the case the impugned judgment and decree could not have been passed.

Let pre-admission notice be issued to the respondent, to be served through first three modes, for 22.09.2022, when reply/objection, if any, shall be filed with advance copy to the leaned counsel for appellant, however, subject to maintainability of instant appeal on the point of limitation.

J U D G E

*Farhan/PS*