2008 PLP 858 (CLC)

NADEEM AZHAR SIDDIQI, J.

By consent of the learned counsel the hearing of this application is adjourned. The learned counsel for the plaintiff undertakes to supply copy of the listed application to the other side.

2. By filing of this application under Order I, rule 10 read with order VI, rule 16 and Order XXXIX, rule 4 read with section 151, C.P.C. the defendant No.9 has prayed that the name of the defendant No.9 may be struck off from the pleadings and Plot No.151-F. Block-2, Khalid Bin Walid Road, P.E.C.H.S., Karachi, may be deleted from the list of properties mentioned in para.4 of the plaint and the interim order, dated 24-2-2005 granted in respect of the above property may he vacated. In, para.4 of the affidavit in support of this application it has been stated that the plaintiff has no cause of action whatsoever against the defendant No.9 or the property at Serial No.1 in para.4 of the plaint. The learned counsel for the defendant No.9 submits that the defendant No.9 has paid the share of the plaintiff in the above property, who has executed sale-deed in favour of the defendant No.9 on 5-8-2006. From the perusal of the record it appears that no counter-affidavit to this application has been filed. On the last date i.e. on 12-3-2008 Mr. Abrar Hassan, Advocate for the plaintiff has sought time to seek instructions from his client. Today, Mr. S. Masroor Ahmed Alvi again requests for time on the ground that the learned counsel could not contact the plaintiff, as she is in U.S.A. The plaintiff has filed the suit for administration of properties left behind by the deceased Hayat Baloch father of the plaintiff claiming her share in the said properties. From the record it appears that the property mentioned at Serial No.1 in para.4 was sold on 19-2-2004 by the defendant No.8 to the defendant No.9 after the death of deceased and the plaintiff is claiming her share in the said property. The defendant No.9 has filed his written statement in which he has submitted that he along with his brother purchased the property from the legal heirs of deceased except the plaintiff and her share amounting to Rs.2,83,59,000 was deposited in Suit No.350 of 2005 and has no objection for withdrawal of amount by the plaintiff. Perusal of the record it also appears that there is no denial of the fact that the plaintiff has received her share in the property and has executed a registered document in favour of the defendant No.9 during the pendency of the suit and has left no right and interest in the said property and cause of action against the defendant No.9. In view of the above, this application is allowed. The name of the defendant No.9 is struck off from the array of the defendants and the above property is deleted from para.4 of the plaint. The plaintiff, if so desired, may file amended plaint, otherwise, amendment may be effected by the office with red ink. Interim order passed on 24-2-2005 is modified to the extent that the same will not be applicable on the above property. The application is disposed of in the above terms. Adjourned to 2-4-2008. M.H./R-12/K Application allowed.