IN THE COURT OF MR. ZULFIQAR HUSSAIN CH.

,
CIVIL JUDGE 1ST CLASS, LAHORE.

Application No._________/2019

In

Civil Suit No.58620/2018

Muhammad Amin …V E R S U S… Muhammad Javeed Etc.

(APPLICATION UNDER ORDER 1 RULE 10 READ WITH SECTION 151 CPC FOR
STRIKING OUT DEFENDANTS NOS.1 & 3 FROM ARRAY OF PARTIES BEING
UNNECESSARY AND IMPROPER PARITES)
In
(SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT INJUNCTION AND
CONSEQUENTIAL RELIEF)
***

Respectfully Sheweth:

1. That the above captioned suit is pending adjudication before this honorable

court and is fixed for today.

2. That necessary party is a party in whose absence no effective adjudication can

be made. And the death of defendant No.1 had observed on 27.01.2013. After that the

question of impleading the deceased as party to the suit is immaterial. However, the

defendant No.3 is also not a necessary party therefore, the names of defendants Nos.1&3

must be deleted from the suit of plaintiff and in order to avoid needless multiplicity of

litigation. Copy of death certificate of defendant No.1 is attached herewith as Annexure-A.

3. That the Article 2-A and 10-A of the Constitution of Islamic Republic of

Pakistan, 1973 secure, protect and guarantee the fundamental rights of a fair trial to protect

the civil rights, obviously by providing every opportunity to prosecute the case thus by

accepting this application in the larger interest of justice.

4. That both the defendants Nos.1&3 had neither entered into any agreement nor

received any consideration amount or any matter relating thereof regarding the suit property.

The defendants Nos.1&3 are made unnecessary in instant suit by the plaintiff just to linger

on the same and blackmail the defendants.

5. That there is no apprehension to alienate or transfer the suit property. It is

strongly apprehended that the plaintiff be restrained from doing anything upon the suit

property. That only the plaintiff is interested in selling the suit property through illegal

means.

6. That if the application in hand is not accepted and the said persons are not be

deleted, it may cause miscarriage of justice and the applicant shall suffer an irreparable loss

and injury.

PRAYER

In view of the above, it is therefore most respectfully

prayed that by accepting the application in hand the aforementioned

defendants No.1 and 3 may very kindly be deleted being unnecessary

party to the suit in interest of justice equity and fair trial.

Any other relief which this honorable court may deem

fit and proper may also be awarded.

APPLICANT/DEFENDANT NO.2

Through

MUHAMMAD USMAN GONDAL

ADVOCATE HIGH COURT
OFFICE NO.4, GROUND FLOOR,
SAF CENTER, 8-FANE ROAD,
LAHORE.
Mob: +92-301-4334408
Usmanhabib.lawfirm@gmail.com
 IN THE COURT OF MR. ZULFIQAR HUSSAIN CH.,
CIVIL JUDGE 1ST CLASS, LAHORE.

IN REF;

Application No._________/2019

In

Civil Suit No.58620/2018

Muhammad Amin …V E R S U S… Muhammad Javeed Etc.

(APPLICATION UNDER ORDER 1 RULE 10 READ WITH SECTION 151 CPC FOR
STRIKING OUT DEFENDANTS NOS.1 & 3 FROM ARRAY OF PARTIES BEING
UNNECESSARY AND IMPROPER PARITES)
In
(SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT INJUNCTION AND
CONSEQUENTIAL RELIEF)
***

AFFIDAVIT OF: AMIR JAVED Son of Muhammad Javeed resident of House No.28-
S-6, Rasheed Street Sodiwal, Lahore, do hereby solemnly affirm and
declare as under:-

1. That the contents of the accompanying application may kindly be read

as integral part of this affidavit.

2. That the contents of the accompanying application are correct and

true to the best of my knowledge and nothing has been concealed

therefrom.

Deponent

VERIFICATION

Verified on oath at Lahore on this 19th

day of April 2019 that the contents of
the above affidavit are correct and true
to the best of my knowledge and
nothing has been concealed therefrom.

Deponent