ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.67 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2481/2022 (Urgent).

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

3. For order on CMA No.2482/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2483/2022 (Stay).

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Dated; 23^rd August 2022

Mr. Attaullah Abbasi, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant Appeal has been filed against impugned judgment dated 15.07.2022 and decree dated 18.07.2022 passed by the learned XI-Additional District Judge, Karachi South, in Summary Suit No.59 of 2019 filed by the respondent No.1 against the appellant for recovery of Rs.15,00,000/-, which has been decreed through impugned judgment and decree. Learned counsel for the appellant submits that the appellant never issued any cheque in favour of the respondent, as there was no privity of contract and business connection between the parties, whereas, cash cheque produced by the respondent were infact issued in favour of respondent No.2 Muhammad Rafiq in respect of some business transaction between the appellant and respondent No.2 as security, who without permission of the appellant given the same to respondent No.1, who in turn presented the same before the bank and obtained impugned judgment and decree. Per learned counsel, leave to defend application was granted to the appellant, wherein, all these facts were disclosed, however the learned trial Court has failed to appreciate these facts, nor even summoned respondent No.2 for the purpose of verification of the real facts.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 14.09.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for the appellant. However, till next date of hearing, the executing Court may not finalize the execution proceedings.

J U D G E