ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.53 of 2013

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ORDER WITH SIGNATURE OF JUDGE

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For Katcha Peshi

22.01.2014.

Mr. Shoa-un-Nabi, Advocate for the Appellant.

Mr. Khalid Javed, Advocate for the Respondent.

Mr. Abdul Sadiq Tanoli, Standing Counsel. 

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     This High Court Appeal has been preferred against the impugned order dated 20.02.2013 through which C.M.A. No.11983/2012 was dismissed which was moved by the appellant/plaintiff under order 12 rule 8 CPC. The appellant’s counsel in Suit No.1266/2006 served a notice under order 12 rule 2 CPC in which the respondent was called upon to produce certain documents which includes complete personal file of the appellant. 

Today Mr. Khalid Javed, learned counsel for the respondent has filed a statement and argued that without accepting or admitting the contents of this High Court Appeal, he agrees to produce the personal file of the appellant before the Commissioner where evidence is being recorded.

The appellant is present along with Mr.             Shoa-un-Nabi, Advocate. He has conceded this offer and on instructions Mr. Shoa-un-Nabi submits that this High Court Appeal may be disposed of on the following terms:-

1. The Respondents through their duly authorized representative will produce the complete personal files of the appellant before the Commissioner.

2. Mr. Shoa-un-Nabi, learned counsel for the appellant will examine the personal files in presence of the appellant and if any document will be required to be produced in evidence, the same may be produced through witness of the P.I.A.

3. Both the learned counsels submit that due to pendency of appeal, four weeks-time was lastly granted by this court in suit. Since the matter has been amicably resolved, both the learned counsels and representative of P.I.A. will appear before the Commissioner on 08.02.2014 at 11.00 a.m. in Consultation Room, Sindh High Court Bar Association, when the Commissioner will proceed accordingly.

4. Except the personal files, no other documents will asked to be produced by P.I.A. nor any fresh application will be filed for same purpose.

The appeal is disposed of in the above terms.

                                      JUDGE 

                                     JUDGE