Hearing(s) Detail

Ist Class Civil Suits 6/2026, Rasool Bux V/S Amir Farooque

Hearing(s) Detail

Hearing Date Diary Status Units / Application Witness Court
02-JUL-2026
For Evidence 0 0 SCJ / Assistant Sessions Judge I, Mirpurkhas
20-MAY-2026
20-05-2026. Matter called. Plaintiff is called absent. Learned counsel for plaintiff is called absent. Defendant is called absent. Learned counsel for defendant is is called absent his junior is present & filed application U/o 148 CPC for adjournment with copy of medical prescription at Ex:82 on the ground of illness of defendant. Order on it. As Per Order. Heard perused. Matter adjourned in the in the justice. Put up to-----------02-07-2026 for cross examination of defendant by the plaintiff side & evidence of defendant witnesses.
Late Dairy at about 01:25 pm.
Plaintiff & his learned counsel appeared & filed application U/s 151 CPC with affidavit at Ex:83 & Ex:84. Order on it. Notice to other side. Matter already fixed on 02-07-2026.
For Evidence 0 0 SCJ / Assistant Sessions Judge I, Mirpurkhas
11-MAY-2026
11-05-2026. Matter called. Plaintiff is called absent. Learned counsel for plaintiff is present. Defendant is present. Learned counsel for defendant is present & filed statement showing that application of defendant U/o 13 & 16 CPC are not decided yet. Order on it. File. Arguments on both application heard from both side. Order passed on separate sheet & announced in open court. As Per Order. The application U/o 13 & 16 rule 01 & 02 CPC are allowed with no order as to costs. Learned counsel for defendant filed affidavit in evidence. Order on it. File. Copy to other side. Examination in chief of defendant Amir Farooque is recorded at Ex:82 & his cross examination kept reserved on verbal request of plaintiff counsel for want of preparation. Order sheet passed & announced in open court. As Per Order. It is fixed for evidence of defendant side. Learned counsel for plaintiff and defendant appeared in the court. Learned counsel for the defendant filed statement contending that his applications U/o 13 rule 01 and 02 CPC and 16 rule 01 and 02 CPC are still pending and have not been decided by learned court from where the case has been transferred. Learned counsel for the plaintiff noted the said statement. Virtue such statement, arguments been heard from both sides. Both the applications disposed on separate order sheet. The defendant appeared his examination recorded. Meanwhile, learned counsel for the plaintiff requested to reserve the cross-examination for want of preparation as such cross-examination reserved and matter adjourned to 20-05-2026 with consent of both parties, with direction to plaintiff side to appear and proceed with the case failing which any appropriate order shall be passed. Defendant side is also directed to appear and also produce their witnesses till next date failing which any appropriate order shall be passed. For Evidence 0 1 SCJ / Assistant Sessions Judge I, Mirpurkhas
07-MAY-2026
07-05-2026. Matter called. Received letter No. E/- 2026 Mirpurkhas Dated:05-05-2026 from office of Honourable District and Sessions Judge, whereby the letter No. GAZ/Election of Karachi Bar Association, Dated:05-05-2026 along its enclosure issued by I/c Deputy Registrar Gazette of Honourable High court of Sindh, Karachi for information and compliance regarding request made by Sindh Bar Counsel to the worthy Registrar, Honourable High Court of Sindh for not passing adverse orders on account of schedule elections of KBA. Plaintiff is called absent. Learned counsel for plaintiff is present. Defendant is present. Learned counsel for defendant is called absent his associate/junior is present & filed application U/o 148 CPC for grant of time / permission to file affidavit in evidence at Ex:81. Order on separate sheet. Order passed & announced in open court. As Per Order. By this order, I intend to dispose of application for grant of time filed by the defendant together with prayer seeking permission to file affidavit in evidence.
Briefly stated, the defendant moved the present application on the ground that his father expired few days ago due to which he remained mentally disturbed and, therefore, could not appear before the Court on the previous date of hearing. Through the instant application, the defendant has sought short time along with permission to file affidavit in evidence in the interest of justice. The application is supported by affidavit sworn by the defendant. Today, matter called repeatedly. Learned counsel for the plaintiff only marked his attendance and thereafter left the Court premises without seeking proper adjournment or awaiting the call of the case. Despite repeated calls, he did not turn up again to assist the Court or to oppose the instant application. Such conduct on the part of learned counsel for the plaintiff is not appreciable and causes unnecessary hindrance in smooth progress of proceedings. I have heard the defendant and carefully perused the available record.
Perusal of the application reflects that the absence of the defendant has been sufficiently explained on account of the recent demise of his father. The ground taken in the application appears to be bona fide and supported through affidavit. It is settled principle of law that litigations should ordinarily be decided on merits and a party should not be non-suited merely on technicalities where sufficient cause has been shown and no serious prejudice is likely to be caused to the opposite side. At the same time, it is also pertinent to observe that the present matter pertains to the year 2017 and is admittedly an old case. This Court has been designated as a Model Civil Trial Court with a mandate to ensure expeditious and meritorious adjudication of old and chronic civil litigation. Therefore, while granting indulgence to the defendant in the interest of justice, this Court is equally mindful that unnecessary delay in disposal of such old matters cannot be permitted. In view of the above circumstances and in order to afford fair opportunity to the defendant to produce his evidence, the present application for grant of time together with prayer seeking permission to file affidavit in evidence is hereby allowed. The defendant is permitted to file affidavit in evidence and shall proceed with the matter diligently on the next date of hearing. It is further observed that no prejudice shall be caused to the plaintiff side by allowing the present application, as the plaintiff shall have full and fair opportunity to conduct cross-examination upon the defendant and his witnesses in accordance with law. However, it is made clear that no unnecessary adjournment shall be granted in future and parties shall cooperate for expeditious disposal of the matter. Put up to--------11-05-2026 for evidence of defendant side as very last & final chance & filling of affidavit in evidence by defendant side.
For Evidence 0 0 SCJ / Assistant Sessions Judge I, Mirpurkhas
06-MAY-2026
06-05-2026. Matter called. Plaintiff is called absent. Learned counsel for plaintiff is called absent. Defendants are called absent. Learned counsel for defendant is called absent his associate/junior is present & filed application U/o 148 CPC for adjournment at Ex:80 on the ground that father of defendant was expired & illness of incharge of this case. Order on it. File. Order on separate sheet. Order passed & announced in open court. As Per Order. The defendant is stractly directed to lead his evidence till next date as very last & final chance failing which any appropriate order shall be passed. Put up to---------07-05-2026 for evidence of defendant side as very last & final chance. For Evidence 0 0 SCJ / Assistant Sessions Judge I, Mirpurkhas
04-MAY-2026
Case Transfer Ist Senior Civil Court Mirpurkhas. For Evidence 0 0 SCJ / Assistant Sessions Judge III, Mirpurkhas
04-MAY-2026
04-05-2026. Matter called. plaintiff is called absent. Learned counsel for plaintiff is called absent. Defendants are called absent. Learned counsel for defendant is called absent his associate/junior is present & filed application U/o 148 CPC for adjournment at Ex:79 on the ground of rush of work. Order on it. As per Order. Heard perused. Matter adjourned in the interest of justice with direction to defendant side to lead evidence till next date falling which any appropriate order shall be passed. Put up to---------06-05-2026 for evidence of defendant side. For Evidence 0 0 SCJ / Assistant Sessions Judge I, Mirpurkhas
13-APR-2026
Matter called. Parties are called absent. Advocate for plaintiff is absent. Advocate for defendant is called absent but junior is present. Case adjourned in the interest of justice. The matter to come up on: 04.05.2026 for D/E. For Evidence 0 0 SCJ / Assistant Sessions Judge III, Mirpurkhas
18-MAR-2026
Matter called. Parties are called absent. Advocate for plaintiff is present. Advocate for defendant is called absent but junior is present file application for adjournment order on it at Ex. 78. The matter to come up on: 13.04.2026 for D/E. For Evidence 0 0 SCJ / Assistant Sessions Judge III, Mirpurkhas
24-FEB-2026
Work suspended due to strike of District Bar Association, Mirpurkhas. Matter called. Parties are called absent. Advocate for plaintiff is present. Advocate for defendant is called absent. The matter to come up on: 18.03.2026 for D/E. For Evidence 0 0 SCJ / Assistant Sessions Judge III, Mirpurkhas