ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.230 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2170/2022 (u/s.149 CPC).

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

3. For order on CMA No.2171/2022 (Exemption).

4. For hearing of main case.

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Dated; 7^th September 2022

Appellant Muhammad Shafi Paracha present in person.

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2. Appellant undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

1&4. Appellant present in person has filed instant High Court Appeal against impugned judgment dated 29.06.2022 passed by the learned Single Judge of this Court in Suit No.1414 of 2011, whereby, the suit filed by the appellant seeking accounts of property, production of documents, declaration, permanent injunction and damages in respect of joint family property and business, has been dismissed, while holding that the subject suit filed by the appellant in respect of the same controversy was barred under section 11 CPC. It has been submitted by the appellant that the subject suit was filed in view of fresh cause of action, whereas, permission was given to the appellant vide order dated 02.11.2011 passed by the learned Divisional Bench of this Court in HCA No.178/2010 to the effect that the appellant shall be free to seek relief in respect of joint family property, who has no particulars of such property and by filing fresh proceeding if available to him under the law. The appellant has referred to the aforesaid order, copy of which has been annexed at page 187 of instant appeal. Appellant submits that respondents are not coming forward, whereas, appellant has not been provided an opportunity to produce evidence and establish his case in respect of joint family property and family business.

Let pre-admission notice be issued to the respondent, to be served through first three modes, for 27.09.2022, when reply/objection, if any, shall be filed with advance copy to the leaned counsel for appellant.

J U D G E

*Farhan/PS*