06-JUL-2026
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For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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20-MAY-2026
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20-05-2026. Matter called. Plaintiff is present. Plaintiff one witness namely Sain Bux is present. Plaintiff other witness namely Habibullah is called absent. Learned counsel for plaintiff is called absent. Defendants are called absent except L.R of defendant No.01(f)/attorney Abdul Qadir who is present. Learned counsel for private defendants Mr. Dhanesh Kumar is present. Objections on application U/o 16 rule 01 & 02 CPC not filed by defendant counsel. Cross examination of plaintiff Nawaz Ali & his witness Sain Bux declared as Nil. Order sheet passed & announced in open court. As Per Order. The record reflects that examination-in-chief of plaintiff Nawaz Ali recorded on 30-04-2026 and 07-05-2026, however, his cross-examination was kept reserved due to absence of learned counsel for the defendants. Likewise, examination-in-chief of plaintiff witness namely Sain Bux was recorded on 04-05-2026, but his cross-examination also kept reserved due to non-availability of defendant side. Thereafter, sufficient chances and repeated adjournments were granted to the defendant side for conducting cross-examination of the said witnesses. Today, when plaintiff Nawaz Ali and witness Sain Bux appeared before the Court for their cross-examination, learned counsel for defendant No.01 expressed reluctance to conduct cross-examination on the ground that another witness namely Habibullah was absent and there was apprehension that whatever cross-examination would be conducted might be disclosed to the absentee witness. Upon specific query from the Court, learned counsel for defendant No.01 failed to point out any provision of law under which cross-examination of a present witness could legally be deferred merely because another witness had not appeared before the Court. Mere apprehension without any legal foundation cannot justify further postponement of proceedings, particularly when repeated opportunities have already been availed by the defendant side. It is settled principle of law that once a witness is present before the Court, the opposite side is required to avail the opportunity of cross-examination, and unnecessary delays in recording evidence are to be discouraged so that the matter may proceed towards its logical conclusion. The conduct of defendant side in avoiding cross-examination despite repeated chances reflects lack of diligence in pursuing the matter. In these circumstances, since learned counsel for defendant No.01 failed to avail the chance despite presence of plaintiff Nawaz Ali and witness Sain Bux, the cross-examination of plaintiff Nawaz Ali and plaintiff witness namely Sain Bux is hereby declared Nil. However, in the interest of justice, the matter is adjourned to-----------------06-07-2026 for cross-examination of plaintiff witness namely Habibullah and for filing objections on application under Order XVI Rule 01 and 02 C.P.C by defendant side. The plaintiff side is directed to ensure production of witness Habibullah on the next date of hearing without fail, whereas the defendant side is strictly directed to conduct cross-examination of the said witness on the same date without seeking unnecessary adjournment, failing which any appropriate order shall be passed against defaulting party.
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For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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18-MAY-2026
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F.C suit called. Plaintiff is present. Plaintiff one witness namely Sain Bux & another witness namely Habibullah called absent. Learned counsel for plaintiff called absent. Defendants are called absent except L.R of defendant No.1(f) Abdul Qadir, who is present. Learned counsel for private defendants namely Mr. Dhanesh Kumar is present. Matter per diaries is fixed for cross-examination of plaintiff and witnesses, as well as for filing objections on application U/o XVI Rule 1 & 2 CPC by the defendant side. learned counsel for defendant filed application for adjournment at Ex.no.94, order passed on it, application is allowed. The defendant side is strictly directed to appear and conduct cross-examination of the plaintiff and witnesses on the next date of hearing. The plaintiff side is also directed to ensure the presence of all witnesses on the next date. Put up to 20-05-2026 for cross-examination of plaintiff and witnesses and for filing objections on application U/o XVI Rule 1 & 2 CPC by the defendant side. Both sides are strictly directed to proceed with the matter on the next date as last and final chance, failing which any appropriate order shall be passed against the defaulting party. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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13-MAY-2026
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13-05-2026. Matter called. Plaintiff is present. Plaintiff one witness namely Sain Bux is present, while another witness namely Habibullah is called absent. Learned counsel for plaintiff is present. Defendants are called absent. Learned counsel for private defendants namely Mr. Dhanesh Kumar is called absent. Matter per diaries is fixed for cross-examination of plaintiff and witnesses, as well as for filing objections on application U/o XVI Rule 1 & 2 CPC by the defendant side. The matter called repeatedly at different times i.e. 08:30 A.M., 10:00 A.M., 11:00 A.M., 12:30 P.M., and at 01:08 P.M., but none appeared on behalf of the defendant side either to adjourn the matter or to request that the matter be kept aside. Such conduct on the part of the defendant side is not appreciating. However, in the interest of justice, matter adjourned. The defendant side is strictly directed to appear and conduct cross-examination of the plaintiff and witnesses on the next date of hearing. The plaintiff side is also directed to ensure the presence of all witnesses on the next date. Put up to 18-05-2026 for cross-examination of plaintiff and witnesses and for filing objections on application U/o XVI Rule 1 & 2 CPC by the defendant side. Both sides are strictly directed to proceed with the matter on the next date as last and final chance, failing which any appropriate order shall be passed against the defaulting party. |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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11-MAY-2026
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11-05-2026. Matter called. Plaintiff is present. Plaintiff witnesses are called absent. Learned counsel for plaintiff is called absent. The defendants are called absent. Learned counsel for defendant No.01 is present. The defendant No.02 already debarred from filling W/S & C.A & proceeded exparte vide order dated 10-03-2018. Objections on application U/o 16 rule 01 & 02 CPC not filed by defendant side. Application U/o 148 CPC for adjournment filed by learned counsel for defendant No.01 at Ex:93 on the ground of rush of work. Order on it. Order sheet passed & announced in open court. As Per Order. Perusal of record reflects that the matter is at the stage of evidence and requires expeditious disposal. However, in the interest of justice and to afford fair opportunity to the parties to properly assist the Court, the instant application for adjournment is hereby allowed as last chance. Both the parties are directed to remain vigilant and proceed with the matter diligently on the next date of hearing without seeking unnecessary adjournment. It is made clear that both sides shall proceed with the matter on next date of hearing, failing which any appropriate order shall be passed. Application stands disposed of accordingly. Put up to------------13-05-2026 for cross examination of plaintiff & his witnesses & filling of objections on application U/o 16 rule 01 & 02 CPC by defendant side as last chance. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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07-MAY-2026
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07-05-2026. Matter called. Plaintiff is present. Plaintiff produced his witness Habibullah. Learned counsel for plaintiff is present. The defendants are called absent. Learned counsel for defendant No.01 is called absent. The defendant No.02 already debarred from filling W/S & C.A & proceeded exparte vide order dated 10-03-2018. Further examination in chief of plaintiff Nawaz Ali at Ex:87. Examination in chief of plaintiff witness Habibullah is recorded at Ex:90. Cross examination of plaintiff & his witness kept reserved on absence of learned counsel for defendant No.01. Application U/o 16 rule 01 & 02 CPC with affidavit filed by plaintiff counsel at Ex:91 & Ex:92. Order on it. Notice to other side. Put up to------------11-05-2026 for cross examination of plaintiff & his witnesses & filling of objections on application U/o 16 rule 01 & 02 CPC by defendant defendant side. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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04-MAY-2026
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04-05-2026. Matter called. Plaintiff is present. Plaintiff produced his witness Sain Bux. Learned counsel for plaintiff is present. The defendants are called absent. Learned counsel for defendant No.01 is called absent. The defendant No.02 already debarred from filling W/S & C.A & proceeded exparte vide order dated 10-03-2018. Examination in chief of plaintiff witness Sain Bux is recorded at Ex:89 his cross examination kept reserved on absence of counsel for defendant No.01. Put up to------------07-05-2026 for further examination in chief of plaintiff & cross examination of plaintiff witness & further evidence of plaintiff side with direction to plaintiff side to produced plaintiff & his remaining witnesses alongwith documents for recording the evidence till next date. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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30-APR-2026
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30-04-2026. Matter is present. Learned counsel for plaintiff is present. The defendants are called absent. Learned counsel for defendant No.01 is called absent. The defendant No.02 already debarred from filling W/S & C.A & proceeded exparte vide order dated 10-03-2018. Examination in chief of plaintiff Nawaz Ali is recorded at Ex:87 his further cross examination kept reserved on verbal request of plaintiff counsel for want of documents. Learned counsel for defendant No.01 sent application U/o 148 CPC for adjournment at Ex:88 on the ground that he is busy before member board of revenue at Hyderabad. Order on it. As Per Order. Heard perused. No details of matters/cases given in present application in which learned counsel is busy, nevertheless matter adjourned in the interest of justice. Put up to---------------04-05-2026 for evidence of plaintiff side with direction to plaintiff side to produced plaintiff & his witnesses alongwith documents for recording the evidence till next date. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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29-APR-2026
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Case Transfer Ist Senior Civil Court Mirpurkhas. |
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SCJ / Assistant Sessions Judge III, Mirpurkhas
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29-APR-2026
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This case received to this Court by way of transfer from the Court of learned Senior Civil Judge-III, Mirpurkhas, in compliance of order of Honourable District 7 Sessions Judge, Mirpurkhas vide letter bearing No. 1570 dated 08-4-2026. F.C suit called repeatedly since morning but none appeared so also no intimation or adjournment been moved from either side. Nevertheless, mater posted several times during course of the day but none appeared from both sides. Matter per diaries is fixed for plaintiff side evidence. No any witness including plaintiff and his counsel appeared during course of the day. The record reveals that issues were framed on 21-5-2018 since then more then 07 years been passed but not a single witness from plaintiff side has been examined. Today, smae position been observed from plaintiff side as none appeared in this regard. However, mater adjourned to------------------------30-4-2026 for plaintiff side evidence as very last and final chance with direction to plaintiff side to appear and get record their evidence failing which any appropriate order shall be passed. Matter adjourned to ----------------------30-4-2026 for plaintiff side evidence as very last and final chance. |
For Evidence |
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SCJ / Assistant Sessions Judge I, Mirpurkhas
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