Wednesday, February 26, 2014

O.1, R.10 CPC

IN THE COURT OF SENIOR CIVIL JUDGE KARACHI

SUIT NO.              /2004

Abdullah   ………………………………………   APPLICANT
VERSUS
Zakar s/o. Bakar   …………......……………   RESPONDENT


APPLICATION U/O. 1 RULE 10 CPC
R/W SECTION 151 CPC

For the reasons disclosed in the accompanying affidavit, it is most respectfully prayed on behalf of the applicant above named that this Hon’ble Court may be pleased to order/allow/permit the applicant to implead as necessary party/Defendant No.2 in the above matter, the particular/title of the Applicant/Intervener is as under: -
Party Name, address.
Karachi.
Prayed according in the interest of justice.
Karachi.
Dated:       
SM ZUBAIR
Advocate for the Applicant





IN THE COURT OF SENIOR CIVIL JUDGE KARACHI

SUIT NO.              /2004

Abdullah   ………………………………………   APPLICANT
VERSUS
Zakar s/o. Bakar   …………......……………   RESPONDENT

AFFIDAVIT
I, _________ son of … , Muslim, adult, R/O.  Karachi, do hereby state as under: -

1       That I am the Applicant/Intervener in the above matter and as such am fully conversant with the facts of the matter deposed herein.

2       That I say that the accompanying application U/O. 1 Rule 10 CPC R/W 151 CPC, Section 12 (2) CPC R/W. Section 151 CPC has been drafted and filed under my specific instructions. For the sake of brevity the contents of the same may please be treated as forming part of my Affidavit.

3       That unless the accompanying application is not allowed I shall be prejudiced and bear irreparable loss, which cannot be measured monetarily.

4       That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated: -          
DEPONENT
                                                          Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent above named who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

   COMMISSIONER FOR TAKING AFFIDAVITS

Will/Wasiat


WASIAT NAMA/WILL

I, Abdullah S/o. Abdullah, Muslim, Adult, Holding CNIC bearing No. _________________________, Resident of House NO. Resident of House No. ________________, Karachi, am the absolute, legal and lawful owner of the immoveable property i.e 75 Tolas 24 carets Gold, which I have invested in a business with my partner/friend namely Mr. ABC S/o. Muhammad, Muslim, Adult, Holding CNIC bearing No. ________________, Presently resident of ___________________________, Karachi.

That, I say that I have two lawful legal heirs One son namely Sheikh Muhammad Khursheed and second my wife.

That, I say that, If in case I have died then after me above named my partner will continue the above mentioned business in which my gold is invested.

That, I say that, after me my partner for Allah sake look after my family like his own sister and son and gave them Rs. 75,000/- per month according to the agreement as their monthly expense.

That, I say that, after me my family has no right to breach the said partnership or demand the 75 tolas gold, but when my son reaches the age of 18 years he has fully power to continue or break the agreement of partnership and my partner will give to my son to his father’s share i.e.  75 tolas gold.

And Allah gives my partner the return of all responsibilities/deeds which he done with my family. I will very much thankful to my partner (May Allah bless him, Aamin)
 
The above wasiat Nama has been prepared and signed by me without any coercion, threat, fear or any sort of pressure and be treated as according to my free will this ____ day of _______ 2012, here at Karachi in presence of all the above sons and daughters.

____________________
Abdullah

Partnership Deed






DEED OF PARTNERSHIP

This deed of partnership made on 28th day of July 2012.
BETWEEN

Mr. Abdullah S/o. Abdullah, Muslim, Adult, Holding CNIC bearing No. _______________, Resident of House No. ____________, Karachi hereinafter referred to as the “First Party” (which expression shall, unless repugnant to or excluded by the context mean and include their legal heirs, executors, administrators and assigns) is the party of THE ONE PART.

AND

Mr. Abdullah S/o. Abdullah, Muslim, Adult, Holding CNIC bearing No. _______________, Presently resident of _____________________, Karachi South. hereinafter referred to as the “Second Party” (which expression shall, unless repugnant to or excluded by the context mean and include their legal heirs, executors, administrators and assigns) is the party of THE OTHER PART.

Witnesses and it is hereby mutually agreed that the said parties shall become partners upon the following term and conditions:-

1.   That the first party has given 75 Tola 24 carets Gold to the Second party as an investment in his business on basis of profit and loss.

2.   That, in this regard Second party pay Rs. 75,000/- per month as an expense. (Rs. 75,000/- is a part of profit which is settled at the end of this agreement year.)

3.   That, after the completion of every agreement year both the parties audit their account and distribute their share as per profit and loss according to this agreement.

4.   That, in case second party cannot run the business due to any reason he will bound to return only 75 tola gold to the first party.

5.   That, in case of death of first party then second party is bound to continue this agreement and he will look after the family of the first party like his own sister and he will return the gold to the first party’s son namely Sheikh Muhammad when he reach adult (18 years old).

6.   The second party shall maintain properly books of accounts and inform about the business (profit/loss) detail to the first party on monthly basis and first party has reserved fully right to check the books/records of account, securities, vouchers, etc shall be kept at the place of the business and be open for the inspection of each partner of his agent at all reasonable time with power to take copies.

In witness whereof the partners have executed this deed by affixing its proper fee on the day month and year first above mention.




________________________________            ________________________________





WITNESSES:
___________________________        ___________________________
Name:                                                   Name:                       
Father’s name:                                        Father’s name: 
NIC No. :                                              NIC No. :
Address:                                                 Address:



Objections On Revocation Of Letter Of Administration








IN THE COURT OF ___ ADL. DIST. JUDGE SOUTH AT KARACHI

S.M.A. No. 1249/2004


Muhammad Younus Soomro …..…………….…….……… APPLICANT

VERSUS

 

Mst. Mubashra & Others ………..…………………………RESPONDENTS



REPLY/OBJECTIONS ON BEHALF OF
THE RESPONDENT No. 1 to 4


LEGAL OBJECTIONS
1.     That this application is not maintainable, as the applicant has not submitted any solid documentary proof for his Claim.

2.     That this application has no locus standi.

3.     That the applicant has not come with clean hands and this application has been filed with malafide intention and ulterior motives just to harass and black mail the respondents.

4.     That the applicant never appeared before this Hon’ble Court when this Hon’ble Court made publication in daily newspaper “Nawa-e-Waqt” for objection if any from any person or legal heir.

5.     That this application is not maintainable, as the application filed is time bared.

Without prejudiced the respondent No. 2 Para wisely replies as under:
1.           That the contents of Para No. 1 are partly admitted but it is denied that the applicant is entitled for assets and debts of deceased above named in existence of entitled legal heirs.

2.           That the contents of Para No. 2 are admitted to the extent that the applicant is the only son of his father Arbab Ali Soomro but rest of the Para is denied as the applicant is not entitled for assets and debts of deceased above named in existence of entitled legal heirs.

3.           That the contents of Para No. 3 are denied as submitted. The Letter of Administration was obtained rightly and bona fidely without any concealment, fraud or false suggestion.

4.           That the contents of Para No. 4 are partly admitted and denied to the extent of revocation of Letter of Administration.

5.           That the allegations in contents of Para No. 5 are baseless, concocted and it is submitted that the Letter of Administration was granted on merit, there is no concealment, fraud or misrepresentation to obtain Letter of Administration. The applicant leveled allegation without any cogent reason or documentary evidence in. The applicant ought to file Suit for Declaration and Cancellation of document produced by the respondent and then to file to revoke Letter of Administration.

6.           That the contents of Para No. 6 need no comments, and no need to interfere in this application under reply.

7.           That the allegations in contents of Para No. 7 are baseless, frivolous and concocted hence denied strictly.

8.           That the contents of Para No. 8 are denied, the deceased was not issueless, rest of the Para is not denied.

9.           That the contents of Para No. 9 are denied, and it is submitted that the Letter of Administration was issued on 30-10-2004.

10.     That the contents of Para No. 10 need no comments.

11.     That the contents of Para No. 11 are partly admitted that the deceased was lawful and bonafide owner of the property bearing No. C/36/9-A, ST No. 19, Punjab Colony Bazar Karachi, and the rest of the Para is baseless, frivolous and concocted require strict proof thereof.

12.     That the contents of Para No. 12 are denied, these documents have no concern with the respondents. On basis of surmises the applicant wants to usurp the above said property.

13.     That the contents of Para No. 13 are denied.

14.     That the affidavits mentioned in contents of Para No. 14 are baseless and concocted.

15.     That the allegations leveled in contents of Para No. 15 are baseless and concocted, hence denied.

16.     That the allegations leveled in contents of Para No. 16 are denied.

17.     That the allegations leveled in contents of Para No. 17 are baseless and frivolous, if a person does not approach to Clifton Cantonment after obtaining Letter of Administration does not show any fraud. If it is a criteria that a person did not approach Clifton Cantonment then it is a big crime the applicant did not approach in District Judge Karachi South for Letter of Administration being so called only legal heir despite elapse of 8 years and 6 months.

18.     That the contents of Para No. 18 are admitted to the extent of approaching the Clifton cantonment Board Karachi, but rest of the Para is denied.

PRAYER
Under the circumstance and facts mention above the prayer of the applicant is denied strictly and is liable to be dismissed with special Cost under section 35-A CPC.
Karachi.
Dated:06/01/2014.                                                  ______________________
Respondent No. 1.


____________________
Respondent No. 2.


______________________
Respondent No. 3.


______________________
Respondent No. 4.


Advocate for the Respondents

VERIFICATION
We, (1).  Mst. Mubasira wd/o. Nawab Soomro, (2). Amir Soomro, (3). Mst. Sanober, (4). Zakir Soomro sons and daughter of Nawab Soomro, Muslims, adults, Resident of Karachi, do hereby state and verify on oath that whatever has been stated above is true and correct to the best of   my knowledge, information and belief.
Karachi.
Dated: 06-01-2014.                                                _________________________
Respondent No. 1.


____________________
Respondent No. 2.


______________________
Respondent No. 3.


______________________
Respondent No. 4.

The deponent identified by me.


(ADVOCATE)
 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2014, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS