Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10,O.VI,r.16,O.XXXIX,r.4,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.I,r.10,O.VI,r.16,O.XXXIX,r.4,S.151

Civil Procedure Code (V of 1908)-------O. I, R. 10 & S.151---Necessary parties---No cause of action---Deletion of name---Applicant sought deletion of his name from plaint on the ground that he had paid the share of plaintiff in the suit property who had executed sale deed in his favour---Plea raised by applicant was that plaintiff did not have any cause of action either against applicant or against his property---Validity---Plaintiff had received her share in the property and had executed a registered document in favour of applicant during the pendency of suit---Plaintiff was left with no right and interest in the property and had no cause of action against applicant---High Court struck off the name of applicant from the array of defendants and property of applicant was deleted from the plaint---Application was allowed in circumstances. Syed Masroor Ahmed Alvi for Plaintiff. Muhammad Safdar for Defendants Nos.1 to 6. Makhdoom Ali Khan for Defendant No.9. ORDER 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…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492