5879/2016 Const. P. M/s Tuwairqi Steel Mills (Petitioner) V/S 3rd SCJ kARACHI SOUTH (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 13-JAN-17
The petitioner through the petition has challenged the order passed by learned IIIrd Senior Civil Judge Karachi (South) whereby the application under Order XXXVIII Rule 5 of CPC of respondent No.2 was allowed. Provision of Order XXXVIII Rule 5 of CPC and Article 199 of constitution were discussed in the case. It was observed that the court should be satisfied that there is reasonable chance of a decree being passed in the suit against the defendant. And that the plaintiff has a prima facie case. If averments in the plaint and documents produced in support of it, do not satisfy the court about the existence of a prima facie case, the court will not go to the next stage of examining whether the interest of the plaintiff should be protected by exercising power under Order 38 Rule 5 of CPC. As has been viewed in the case of Mohiuddin Molla Vs. The Province of East Pakistan and others (PLD 1962 SC 119).Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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