5879/2016 Const. P. M/s Tuwairqi Steel Mills (Petitioner) V/S 3rd SCJ kARACHI SOUTH (Respondent)
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
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).