IN THE
COURT OF DISTRICT JUDGE AT KARACHI WEST
Civil
Revision No. /12.
Abdul AZiZ
Khan
son of Abdul
Rashid,
Muslim, adult, R/o.
House No. C-161,
Hasrat Mohani
Colony,
Manghopir road,
S.I.T.E. Town,
Karachi. ……………… APPLICANT
VERSUS
Muhammad Wakeel Khan,
son of Fareed
Ahmed,
Muslim, adult, R/o.
House No. A-470,
Hasrat Mohani
Colony,
Manghopir road,
S.I.T.E. Town,
Karachi. …………………… RESPONDENT
REVISION UNDER SECTION 115
CODE OF
CIVIL PROCEDURE 1908
Being aggrieved and dissatisfied with the Order dated
31-05-2012 passed by the Learned the Presiding Officer IIIrd. Civil Court at
Karachi west, in Suit No. 812/2010, hence this Revision on consideration of the
facts & grounds mentioned herein below:-
Certified Copy of Order dated 31-05-2012 is enclosed
herewith & marked as Annexure “A/1”.
BRIEF FACTS
That the Applicant above named implores as under: -
1. That the respondent, above named, filed a Civil Suit N.812/10 for
Recovery of Rs.43,400/= which was decreed on 29-08-2011 in ex parte.
2. That the respondent annexed, filed, produced a Cash Memo/receipt which
is forged, fabricated, manipulated, concocted and false manufactured and Ex
Parte decree had been obtained on basis of defective and false service on
applicant in collusion with bailiff of court.
3. That the respondent obtained judgment and decree by way of fraud forged,
fabricated, manipulated, concocted and false manufactured Cash Memo/receipt.
4. That the Applicant challenged validity of decree and filed application
under S.12 (2) CPC which was dismissed. Hence this Revision.
GROUNDS
1.)
That the impugned judgment of the learned Trial Court is the
result of patent illegality.
2.)
That the impugned Order and entire case was not examined in its correct perspective which resulted
in grave miscarriage of justice.
3.)
That the impugned Order, judgment and Decree are against the facts
of the case and the law applicable hereto.
4.)
That the impugned Order is bad in law and on facts. The same is
completely without jurisdiction, illegal, unlawful, unconstitutional, void ab
initio and of no legal effect.
5.)
That the Learned Court passed the impugned Order without keeping
into mind where serious allegation of forgery, fraud,
collusion and misrepresentation could not be decided without recording of
evidence.
6.)
That the Learned Trail
Court
erred/has totally failed to look into the proper provision of law and
observation. And has failed to dispose
of application for setting aside such decree on grounds of fraud, collusion and
misrepresentation and dismissal of application summarily without framing
issues.
7.)
That upon bare perusal of the plaint and the documents appended
therewith it is clear and obvious that the claim of respondent is discrepant
and deficient in material details. The Hon’ble Court in chambers has not
considered the said discrepancies/inadequacies in the claim. It is well settled
law that the court is under an obligation to examine and verify the claim of
the claimant.
8.)
That the Hon’ble Court while
passing the impugned Order/Decree failed to appreciate/consider apparent
discrepancies in the pleading and the alleged documents appended therewith. In
the circumstances, the claim of the Respondent could not be decreed.
9.)
That with prejudice to the above, it is submitted that the Applicant
is even otherwise entitled to a fair trial with respect to the determination of
its civil rights and obligations in terms of Article 10-A of the Constitution
of Islamic republic of Pakistan 1973, which has been incorporated by virtue of
Eighteenth Amendment in the Constitution.
10.)
That the order passed the learned Trial Court is quite illegal,
arbitrary & against the principal of natural justice, law and equity.
11.)
That the learned Lower/Court has committed serious error in law
holding the plaint is liable to be dismissed.
12.)
That the learned Trial Court has wrongly exercised the
observations in rejecting the application U/S/ 12(2) without considering the
correct provisions of CPC.
13.)
That the impugned Order, Judgment and Decree is to be set aside.
14.)
That the Revision is within time and no Revision has been
preferred against the impugned order except the present one.
15.)
That the applicants shall suffer heavy
irreparable loss until this Revision is allowed.
16.)
That other ground may be urged at the time of hearing.
Karachi.
Dated: _____/06/2012.
A PPELLANT
S
M ZUBAIR
ADVOCATE
for the Applicant
PRAYER
In view of
the above stated facts and grounds, it is respectfully prayed that this Hon’ble
Court may graciously be pleased to:
a) Call (R & P) record and proceedings of Suit No.812/10
from Court No. III at Karachi West;
b) Set aside the impugned Order dated 31.05.2012 and Decree dated
11.11.2011 passed by Court No. III at Karachi West;
Or
c) Remand the said suit to hear to defend application according to law and
consider each and every legal and factual points raised by the Applicants
thereon and also decide the matter in accordance with law.
d) Costs of the Revision.
Karachi.
Dated:_____/06/2012.
APPLICANT
S M ZUBAIR
Advocate for the Applicant
VERIFICATION
I, Abdul Aziz Khan son of Abdul Rashid,
Muslim, adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir
road, S.I.T.E. Town, Karachi,, do hereby
solemnly affirm and verify on oath that the contents of all the above paras
including prayer clauses are true and correct to the best of my knowledge and
belief.
Karachi.
Dated: _____/06/2012.
Deponent/Applicant
The deponent identified by me
S M ZUBAIR
(ADVOCATE)
Solemnly affirmed on oath before
me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who
is identified by Mr. S M ZUBAIR, Advocate
whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
|
DOCUMENTS FILED
|
Annexure “A/1”.
|
|
DOCUMENTS RELIED UPON
|
All Relevant Documents
|
|
ADDRESS OF DEFENDANTT FOR SERVICE
|
As Per Title Of The Suit
|
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ADDRESS OF THE COUNSEL FOR DEFENDANT
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As Per Title Of The Suit
|
FOR IMMIDIATE USE ONLY IN COURT
IN THE
COURT OF DISTRICT JUDGE AT KARACHI WEST
Civil Revision
No. /12.
Abdul AZiZ Khan …………………… APPLICANT
VERSUS
Muhammad Wakeel Khan …………… RESPONDENT
|
|
AFFIDAVIT IN SUPPORT OF REVISION
I, Abdul Aziz
Khan Son
of Abdul Rashid, Muslim, adult, R/o. House No. C-161, Hasrat
Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:
1.
That I am Applicant
in the above matter and am fully conversant with the facts of this Revision and
able to depose the same.
2.
That accompanying Revision
has been drafted and filed by my counsel under my specific instructions,
contents therein are true and correct to the best of my knowledge, information
and belief.
3.
That I adopt the
contents of this Revision as an integral part and parcel of this affidavit and
in order to avoid duplication do not repeat the same.
4.
That I shall be
seriously prejudiced and suffer an irreparable loss.
5.
That whatever stated above is true and correct
to the best of my knowledge, information and belief.
Karachi.
Dated: ____/06/12.
Deponent/Applicant
The deponent identified by me
S M ZUBAIR
(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on
this __ th day of _______ 2012, by the deponent abovenamed who is identified by
Mr. S M ZUBAIR, Advocate whom I know personally.
The
contents of the Plaint have been read over and explained to the Deponent in
Urdu too and he seems to be understood the same and set his signature/thumb
impression.
COMMISSIONER FOR TAKING
AFFIDAVITS
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