Matter called. Today, the matter is fixed for cross-examination of plaintiff witness namely Habibullah and for filing objections on the application under Order XVI Rules 01 & 02 C.P.C. The plaintiff is called present. Learned counsel for the plaintiff is present. Attorney of the defendants namely Abdul Qadir is present. Learned counsel for the defendants is also present. However, plaintiff witness namely Habibullah is called absent. Perusal of the record reflects that vide order dated 20-05-2026, the cross-examination of plaintiff Nawaz Ali and plaintiff witness Sain Bux was declared Nil due to failure of the defendant side to avail repeated opportunities despite the presence of the said witnesses before the Court. Thereafter, solely in the interest of justice, one more opportunity was granted to the plaintiff side to produce remaining witness namely Habibullah for cross-examination, with a specific direction that the plaintiff shall ensure his production on the next date of hearing without fail. Simultaneously, the defendant side was also directed to conduct cross-examination on the same day without seeking unnecessary adjournment. Today, despite the aforesaid clear directions, plaintiff witness Habibullah has not been produced before the Court. No plausible explanation has been furnished for his absence. The plaintiff side has thus failed to comply with the directions of this Court, resulting in unnecessary delay in the conclusion of plaintiff's evidence and disposal of the suit. Although the plaintiff side has defaulted in producing its witness, this Court is of the view that one final opportunity may still be afforded in the interest of justice, subject to payment of costs, so that the matter may be decided on merits rather than on technical grounds. Virtue of the aforesaid position, the matter is adjourned. Cost of Rs.1,000/- is imposed upon the plaintiff side for non-production of plaintiff witness Habibullah. Put up on 10-07-2026 at 09:30 A.M. for cross-examination of plaintiff witness namely Habibullah and for filing objections on the application under Order XVI Rules 01 & 02 C.P.C. by the defendant side. The plaintiff side is strictly 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 any unnecessary adjournment, failing which any appropriate order shall be passed against the defaulting party in accordance with law.

Matter called. Attorney of the plaintiff namely Abdul Qadir is present. Learned counsel for the plaintiff is also present. Learned counsel for the defendant is also present. Evidence of attorney of L.Rs of the plaintiff recorded at Exh-81/-. Learned counsel for the plaintiff filed statement praying therein to struck off the witness Ali Muhammad S/o Muhammad Raheem Magsi for the reason that he has been died away. Order passed thereon ???file???. The witness Ali Muhammad Magsi is hereby struck off the from the list of witnesses. Remaining witnesses are called absent. Matter adjourned to 10-07-2026 at 09:30 A.M for evidence of remaining witnesses as last and final chance. Plaintiff side is directed to reproduce the witnesses till next date, failing which any appropriate order shall be passed.

06-07-2026. Matter called. Plaintiff is present. Learned counsel for the plaintiff appeared and filed adjournment application. Order passed on separate sheet. Defendant, his witness and his learned counsel are present. Examination in chief of defendant and his witness recorded while their further examination in chief reserved upon request of learned counsel for defendant for want of documents. Learned counsel for the plaintiff after moving adjournment application went away and did not turned up again. The plaintiff has not filed objections on application U/o 13 rule 01 and 02 CPC despite of availing sufficient chance/ time as such plaintiff side is debarred from filing objections. After that arguments were heard from defendant side on application U/o 13 rule 01 and 02 CPC. Put up to 08-07-2026 for order on application U/o 13 rule 01 and 02 CPC with liberty to plaintiff side for meanwhile arguments as well as further examination in chief of defendant and his witness.

Matter called. Today, the matter is fixed for evidence of the defendants side. The plaintiff is present. Learned counsel for the plaintiff is present. Defendant Jehangir is also called present. Learned counsel for defendants No.01 and 02, namely Mr. Santosh Kumar, is present. Process returned served upon witnesses No.04 to 07 as per the endorsement of the Bailiff of this Court. The defendants official witnesses, namely Ishtiaque Ali S/o Khan Muhammad, on behalf of the Mukhtiarkar Revenue, Taluka Sindhri, appeared and got recorded his statement without oath at Exh-99/-; Veersalji S/o Khetsingh Rajput, on behalf of the Mukhtiarkar Barrage/Estate, Mirpurkhas, appeared and got examined without oath at Exh-100/-; and Nisar Hussain S/o Khadim Hussain, on behalf of the Micro-Filming Officer, Mirpurkhas, appeared and got recorded his deposition without oath at Exh-101/-. However, none appeared on behalf of witness No.07, the Manager, Habib Bank Limited. Learned counsel for defendants No.01 and 02 filed application under Order XVI Rule 1 and 2 CPC. Order passed on it. Notice of the same extended to the other side. In view of the aforesaid position, the matter is adjourned to 08-07-2026 for evidence of the remaining official witnesses of the defendants and filing of objections to the application under Order XVI Rules 1 and 2 CPC. Office is directed to issue repeat notices to the remaining witnesses of the defendants.