IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR

Family Suit No. 94 / 2011

Mst. Almas D/o Muhammad Zareef,
By caste Rajput Muslim, Adult, R/o,
H.No.D-520/240 Waritar Road Sukkur------------------Plaintiff.
Versus
Abdullah S/o Lutubullah by caste
Mahar Muslim, Adult R/o behind Anaj
Godown Nawa Goath Shikarpur
Road, Sukkur-------------------------------------------------Defendant.

DIARYS
10-11-2011

Suit called. Plaintiff called absent, but her counsel is

present. Defendant called absent. Order passed on separate order
Sheet. The name of the defendants form filing of written statement is
hereby debarred. The defendant is hereby made ex-parte. Put off to
16-11-2011 for filling of affidavit in evidence.
Sd/-
Family Judge Sukkur

16-11-2011
Suit called. Plaintiff and her counsel are present.
Defendant called absent, and made already expare. To day suit is
fixed for filling of affidavit in evidence. Advocate plaintiff filed affidavit
in evidence of plaintiff Mst. Almas at EX No. 04- he also produce
original Nikahnama at Ex No. 4-A, and affidavit of her two witnesses
namely Mst. Hira and Muhammad Sareef Order on it R&R at Ex 4 to
6 respectively. Put off to 29-11-2011 for cross examination.
Sd/-
Family Judge Sukkur

16-11-2011
Late Dairy.

Mr. Sidandar Ali Junejo appeared on behalf of the

defendant Abdullah, (Defendant called absent)and he also filed
Vakaltnama on behalf of the defendants, order on it file, and he also
filed adjournment application that I will file proper application for set-
asiding the exparte order on the next date of Hearing: order on it.
Granted. Matter is already fixed on : 29-11-2011 for further
proceeding.

29-11-2011
 Suit called. Plaintiff and her counsel are present.
Defendants called absent, but his counsel is present and filed
application for re-calling the order date 10-11-2011 order on it. Notice
to the other side. Put off to 01-12-2011 for objection of application for
Re-calling the order.
Sd/-
Family Judge Sukkur
01-12-2011
Suit called. Plaintiff and her counsel are present.
Defendant called absent, his counsel is present. Advocate for the
plaintiff filed objection s in application for re-call the order dated 10-
11-2011. Order on it. Notice to other side. Put off to12-12-2011 for
arguments.
Sd/-
Family Judge Sukkur
12-12-2011
Suit called. Plaintiff and her counsel are present.
Defendant called absent. But his counsel is present. To day suit is
fixed for arguments of application for Re-calling the exparte order.
Heard argument by the both parties counsel, Put off to 19-12-2011 for
orders.
Sd/-
Family Judge Sukkur
19-12-2011
suit called plaintiff and her counsel are present.
Defendants called absent. His counsel is present. Order on
application for Re-calling order dated 10-11-2011 is ready and
enounced in open court. The present application is allowed put off to
21-12-2011 for filing of written statement.
Sd/-
Family Judge Sukkur
21-12-2011
suit called plaintiff and her counsel are present.
Defendant called absent, his counsel is present, to day suit is fixed
for WS. But advocate for the defendant filed adjournment application.
Order on it grouted put off to 23-12-2011 for filling of written
statement.
Sd/-
Family Judge Sukkur
23-12-2011
suit called. Plainitiff and her counsel are present.
Defendant called absent, but his counsel is present today suit is fixed
for Ws. Advocate for the plaintiff filed adjournment application. Order
on it. Grouted put off to 07-01-2012 for filing of written statement.
Sd/-
Family Judge Sukkur
07-01-2012
suit called. Plaintiff and her counsel are present.
Defendant called absent as before, but his counsel is present. Today
suit is fixed for Ws, but the same is not filed. Advocate for the
defendant his filed under taking for compliance of order dated: 19-12-
2011, Order on it. File and he also filed adjournment application for
adjourning the matter, order on it. Detailed order passed on separate
order sheet. The defendant is given last chance to file written
statement on next date of hearing without further aspect of
adjournment. Advocate for plaintiff has filed application u/s 7 of G.Act
order on it. Advocate to be heard. Put off to 16-01-2012 for filing of
written statement.
Sd/-
Family Judge Sukkur
16-01-2012
Suit called. Plaintiff and her counsel are present
defendant is called absent, but his counsel is present. To day suit is
fixed for Ws and argument of application 7G.act filed by the plaintiff
counsel. Heard arguments on application 7 G.Act. order is ready and
announced in open court. The present application is dismissed.
Advocate for the defendant has filed written statement on behalf of
defendant duly attested by Ghulam Qadir Soomro justice of peace
order on it R&R at Ex.4. Put off to 21-01-2012 for pre-trial.
Sd/-
Family Judge Sukkur
21-01-2012

Suit called. Plaintiff and her counsel are present.

Called absent, but his counsel is present, Today suit is fixed for pre-
trial. But advocate for the plaintiff has filed adjournment application
for adjourning the matter order on it, Granted. Put off to 23-01-2012
for pre-trial.
Sd/-
Family Judge Sukkur
23-01-2012
Suit called plaintiff and her counsel are present.
Defendant and his counsel are called absent and no any intimation
sent. Today suit is fixed for pre-trial. Learned counsel for plaintiff filed
application for custody of miners a/sw affidavit order on it. Po is on
C.L. put off to 24-01-2012 for pre-trail and objection on application of
custody miners.
Sd/-
Family Judge Sukkur
24-01-2012
Suit called. Plaintiff and her counsel are present.
Defendant called absent, but his counsel is present. To day suit is
fixed fo0r pre-trial. Learned counsel for defendant has filed
adjournment application. Order on it application is dismissed.
Objection not filed by the learned counsel for defendant. Put off to 30-
01-2012.
Sd/-
Family Judge Sukkur
30-01-2012
Suit called. Plaintiff and her counsel are present.
Defendant called absent, but his counsel is present. Today suit is
fixed for pre-trial and objection. Learned counsel for the defendant
has filed adjournment application order on it. Granted. Put off to 15-
02-2012 for objection on application for dustody of minors and pre-
trail.
Sd/-
Family Judge Sukkur
15-02-2012
Plaintiff and her counsel are present, defendant and
has counsel are called absent. Matter is fixed for filling of objection,
defendant filed to file objection, hence defendant is debarred from
files objection. Arguments heard. Put off to 18-02-2012 for order on
application u/s 12 pre-trail.
Sd/-
Family Judge Sukkur
18-02-2012
Plaintiff and her counsel are present order on
application u/s G&W Application is ready and announced in open
court application dismissed pre-trails held bat debarred filed. Put off
to 06-03-2012 for issues.

CERTIFIED TO BE TRUE COPY

FAMILY JUDGE AND CIVIL JUDGE SUKKUR

Certified Copy Applied For On ( March two thousand twelve )

Cost Estimated On ( March two thousand twelve )
Cost Deposited On ( March two thousand twelve )
Stamps Supplied On ( March two thousand twelve )
Copy Certified On ( March two thousand twelve )
Copy Delivered On ( March two thousand twelve )

Copying Fee Rs
Comparing Fee. Rs

Total Fee. Rs
Copied by:
Compared by: Record Keeper
Read by: Family & Civil Court Sukkur
IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR
Family Suit No. 94 / 2011
Mst. Almas D/o Muhammad Zareef,
By caste Rajput Muslim, Adult, R/o,
H.No.D-520/240 Waritar Road Sukkur------------------Plaintiff.
Versus
Abdullah S/o Lutubullah by caste
Mahar Muslim, Adult R/o behind Anaj
Godown Nawa Goath Shikarpur
Road, Sukkur-------------------------------------------------Defendant.

Mr. Sikandar Ali Junejo advocate for defendant

Mr. Shahzado Dreho, advocate for plaintiff.
O R D E R.
Dated: 19-12-2011

This is an application of recalling order dated 10-11-2011,

filed by learned counsel for the defendant. The notice of the present
application was given to learned counsel for the plaintiff. Learned
counsel for the plaintiff in response to the notice, filed objections to
the grant of the present application.
I have heard learned counsel for the defendant, learned
counsel for the plaintiff and perused the material available on the
record.
Section 13 of the west Pakistan family court rules 1965,
provides that Es-parte decree or preceding, may for sufficient case
show, be set-aside by the court on application made to it within 30
days of the passing of the decree or decision.
The present application has been filed on 29-11-2011,
after19 days to the passing the order dated 10-11-2011, hence the
application is within time, the main ground taken by the defendant
that the defendant came to know thorough his fried about the
institution of the suit, and he was not served with the notice of this
court,
Although the defendant was served with the notice
through publication in news paper kawish dated 26-09-2011 and has
come before this court within the stipulated period and looking to the
settled law that no one should be condemned un-heard, the present
application is allowed, subject to the payment of costs of Rs.1000/- to
the plaintiff. However the order dated 10-11-2011 would be operative
till the payment f costs and on the dated when the defendant will pay
the costs to the plaintiff, the order would automatically be set-aside.
In case the defendant fields to pay the costs to the plaintiff on next
date of hearing, this order would be re-called.
Announced in open court,

Given under my hand and seal of this court,

This the 19th day of December 2011.

Sd/-19-12-2011
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur
CERTIFIED TO BE TRUE COPY

FAMILY JUDGE AND CIVIL JUDGE SUKKUR

Certified Copy Applied For On ( March two thousand twelve )

Cost Estimated On ( March two thousand twelve )
Cost Deposited On ( March two thousand twelve )
Stamps Supplied On ( March two thousand twelve )
Copy Certified On ( March two thousand twelve )
Copy Delivered On ( March two thousand twelve )

Copying Fee Rs
Comparing Fee. Rs

Total Fee. Rs
Copied by:
Compared by: Record Keeper
Read by: Family & Civil Court Sukkur
IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR
Family Suit No. 94 / 2011
Mst. Almas D/o Muhammad Zareef,
By caste Rajput Muslim, Adult, R/o,
H.No.D-520/240 Waritar Road Sukkur------------------Plaintiff.
Versus
Abdullah S/o Lutubullah by caste
Mahar Muslim, Adult R/o behind Anaj
Godown Nawa Goath Shikarpur
Road, Sukkur-------------------------------------------------Defendant.

ORDE R SHEET
Dated: 16-01-2012
Suit called plaintiff and her counsel are present.
Defendant is called absent. His counsel is present. Advocate for
the defendant filed adjournment. The record shows that since
two months, the defendant did not file written statement and his
conduced shows that the present suit, consequently the
defendant is given last chance to file written statement on next
date of hearing without further aspect of adjournment.
Given under my hand and seal of this court,
This the 16th day of January 2012.

Sd/-16-01-2012
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur
CERTIFIED TO BE TRUE COPY

FAMILY JUDGE AND CIVIL JUDGE SUKKUR

Certified Copy Applied For On ( March two thousand twelve )

Cost Estimated On ( March two thousand twelve )
Cost Deposited On ( March two thousand twelve )
Stamps Supplied On ( March two thousand twelve )
Copy Certified On ( March two thousand twelve )
Copy Delivered On ( March two thousand twelve )

Copying Fee Rs
Comparing Fee. Rs

Total Fee. Rs
Copied by:
Compared by: Record Keeper
Read by: Family & Civil Court Sukkur
IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR
G & W Application No. 08 / 2012
Mst. Almas D/o Muhammad Zareef,
By caste Rajput Muslim, Adult, R/o,
H.No.D-520/240 Waritar Road Sukkur----------------------Applicant
Versus
Abdullah S/o Lutubullah by caste
Mahar Muslim, Adult R/o backside
Anaj Godwon Nawa Goth Shiakarpur
Road, Sukkur-------------------------------------------------Respondent.

DIARYS

DATED
21-02-2012

112 Court fee stamps of Rs.15/-

236 Application U/s 7 R/W of G w. act alongwith photo

copy of Nikahnama

3 7 12 Application U/s 12 of Guardian and word

alongwith affidavit

4 13 14 Vakalatnama

Order on dairy No. 1

Admit register issues summon though bailiff as well as
register post A/D. Issue notice for publication in newspaper daily
Kawish Hearing 27-02-2012.
Sd/-
Reader

27-02-2012
Mater called. Applicants with counsel are presents
respondent not yet served. Process return answered publication not
made put off to 06-03-2012 for service and publication. Repeat fresh
notice against opponent as well as publication on cost of application
Sd/-
Family Judge Sukkur