IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar
S/o
Wazeeruddin,
Muslim,
Adult, R/o H.No. G-85/4,
Malir
Colony, Karachi--------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan
D/o
Riyasat Khan (since deceased)
Through
his surviving legal heirs
1. Mst. Salma W/o Ahmed Raza
Khan.
2. Usman S/o Ahmed Raza Khan.
3. Subhan Khan S/o Ahmed Raza
Khan
All
Muslim, Adults, R/o C-156,
Block-I,
North Nazimabad, Karachi.-------------------------DEFENDANTS
SUMMARY CHAPTER SUIT FOR RECOVERY OF RS. 10,00,000.00 (RUPEES TEN LACS ONLY),
UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE
The plaintiff
abovenamed respectfully sheweth as under:
1.
That the plaintiff is law abiding, peace loving and
respectable citizen of Islamic Republic of Pakistan and his whole record is
stainless.
2.
That the deceased namely Ahmed Raza Khan took a loan of
Rs.10,00,000/- (Rupees Ten Lacs Only) from
2
the plaintiff Vide Promissory Note
dated 10-03-2004 and also execute a proper receipt in presence of witnesses and
acknowledged the said loan.
Photocopy of the
Promissory Note & Receipt is enclosed herewith and marked as annexure ‘A
& B’ respectively.
3.
That the deceased namely Ahmed Raza Khan was
required to retired his loan on or before 30th September 2005, but
due to some delaying tactics, he avoided to pay the said amount to the
plaintiff and requested for some more time.
4.
That on 16th November 2005,
unfortunately and accidentally deceased Ahmed Raza Khan died / expired due to
fire in his bedroom, therefore plaintiff waited for some time and not demanded
the said amount from the legal heirs of the deceased due to humanity.
5.
That in
the month of January 2006, plaintiff demanded the amount of loan from the defendants No.1 to 3, as it was their
social, moral, judicial and legal duty.
6.
That the defendants kept the plaintiff under
some false hopes and promises by playing delaying tactics they are still
required to pay the said loan.
7.
That the defendant became greedy and wants to usurp the
amount of the plaintiff with malafide intention and ulterior motives
8.
That the plaintiff is lawfully entitled to recover his
outstanding amount / bounced cheques of Rs. 10,00,000/- (Rupees Ten Lacs) plus
interest 10% per annum.
9.
That the cause of action arose when the deceased Ahmed
Raza Khan obtain loan amounting Rs.10,00,000/- from the plaintiff against
Promissory Note and valid receipt, and the same is continuing day to day till
the final disposal of this suit.
10.
That the plaintiff has adopted the summary chapter
procedure to redress his grievances and residing within the local limits of
P.S. North Nazimabad, which is within the territorial
jurisdiction of this Hon’ble Court.
11.
That proper Court fee is affixed herewith.
PRAYER
In
the light of above facts and circumstances, it is respectfully prayed on behalf
of the plaintiff and against the defendant as under:
a). To pass the Judgment and Decree for Recovery of Rs. 10,00,000/-
(Rupees Ten Lacs Only) in favour of plaintiff and against the defendants, plus
interest at the rate of 10% per annum.
b).Cost of the suit and / or any other
relief, which this Hon’ble Court may deem fit and proper in the circumstances
of the case may be granted.
PLAINTIFF
Karachi.
Dated: -10-06 ADVOCATE FOR THE PLAINTIFF
I, Zaheeruddin Babar S/o
Wazeeruddin, Muslim, Adult, R/o Karachi, the plaintiff in the
above matter do hereby solemnly affirmed 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: -10-2006 DEPONENT
Identified
by me.
ADVOCATE
Sworn before me on Oath at Karachi by the deponent abovenamed who is
identified to me by MR. NOOR ALAM Advocate, who is known to me personally.
COMMISSIONER
FOR TAKING AFFIDAVITS
DOCUMENT FILED As per
annexures.
DOCUMENTS RELIED UPON Original of the Annexures,
and all
other relevant documents.
ADDRESS OF THE PARTIES As in Title.
ADDRESS FOR SERVICE OF
PLAINTIFF’S COUNSEL. As in Vakalatnama.
IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar-------------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan (late)
Through
his surviving legal heirs---------------------------DEFENDANTS
APPLICATION
U/O XXXVIII RULE 5 CPC, R/W SECTION 151
CPC.
For the reasons and facts
disclosed in the accompanying affidavit, it is respectfully prayed on behalf of
the plaintiff abovenamed that this Hon’ble Court may be pleased to attach the
properties i.e. (1).Bungalow No. C-156, Block-I, North Nazimabad, Karachi,
(2).Hotel Al-Javahir, situated on Plot No. B-98, Block-H, North Nazimabad,
Karachi, before Judgment, as the plaintiff apprehends that to avoid the payment
of decretal amount, the defendants may disposed off the properties or they can
change the title of the same.
Ad interim orders are also
solicited.
Prayed accordingly in the
interest of justice.
Karachi:
Dated:
-10006 Advocate
for the Plaintiff
IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar-------------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan (late)
Through
his surviving legal heirs---------------------------DEFENDANTS
AFFIDAVIT
I,
Zaheeruddin Babar S/o Wazeeruddin,
Muslim, Adult, resident of Karachi, do hereby state on oath affirmation as
under:-
1.
That I am plaintiff in the above
suit as well as deponent of this affidavit, as such fully conversant with the
facts of the case.
2.
That the accompanying application has been drafted and
filed under my instructions and for the sake of brevity the contents of the
accompanying application may be treated part of this affidavit.
3.
That I say that the defendant became greedy and it is
serious apprehension that the defendant may transfer or disposed of the
properties mentioned in the main application, hence the accompanying
application.
4.
That I shall be seriously prejudiced and suffer
irreparable loss if the accompanying application is not granted by this Hon’ble
Court.
5.
That whatever has been stated
above is true and correct to the best of my knowledge and belief.
Karachi
Dated: -06/2006 DEPONENT
Identified by me.
ADVOCATE
Sworn on
oath before me by the deponent at Karachi this _____ day of October 2006 by the
deponents above named who are identified to me by MR. NOOR ALAM ADVOCATE, who
is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVITS.
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