IN THE COURT OF DISTRICT
AND SESSION JUDGE EAST AT KARACHI
Summary Suit
NO. ____ / 2021
M/S Sui southern Gas Company Ltd------------------PLAINTIFF
VERSUS
Mr. Shahrukh Sajid Agha ----------------------------DEFENDENT
APPLICATION FOR UNCONDITIONALLY LEAVE TO
DEFEND THE SUIT IN THE SHAPE OF WRITTEN STATEMENT, ON BEHALF OF DEFENDANT.
It is
most respectfully prayed on behalf of Defendant that this Honorable court may
be pleased to pass an order to grant the
UNCONDITIONAL LEAVE to defend the above titled suit on consideration of
following substantional questions of law as well as facts which requires evidence to be recorded, as the
same is very much mandatory in order to fulfill the ingredients of equity and it is held by the superior courts that
matter should be decided on merits instead of technicalities.
The defendant has filed the present
application for grant of unconditional leave to defend in above suit as the
plaintiff came to this honourable court with unclean hands and with ulterior motives
by concealment of real facts inspite of fact that no case under special chapter
does not arise at all, Furthermore without seeking declaratory decree the
question of filing of the suit for recovery under summary procedure does not
arise at all, hence on this grounds, the defendant has good prima facie case
against the plaintiff and have good locus standee, therefore the unconditional
leave may be allowed in the interest of justice with the following facts and
grounds.
1. The suit is not maintainable on the face of
record due to the reason that no cause of action accrued against the answering
defendant.
2. That as per contents of the present suit
the matter is for ordinary procedure instead of special procedure, as
without seeking declaration in respect of so called recovery through summary
suit, the plaintiff is not entitled to seek recovery from the defendant through
this Hon’able court by filing suit under summary chapter.
3. That the plaintiff in
his Para No.4 stated that the team conducted inspection on 11-11-2017 and in
Para No.8 stated that the legal notice dated 10-12-2020 was sent, which crystal clear
that the plaintiff sent legal notice after the lapse of 3 years and filed the above suit after laps of 4 years without dely of condonation
application as such the above suit is hopelessly time bared under Article 49 of
Limitation Act and the same is liable to be dismissed with cost under section
35 A CPC.
4. That the defendant is not
consumer of the Gas company and there is no Gas sale agreement was executed between Gas utility company and defendant
for sale and purchase of the Gas. It is submitted that the plaintiff company in
its plaint enclosed the annexure as Annexure-B of agreement/contract is
blank contract in which neither shows the name of the defendant nor any other
person.
5. That the Meter bearing consumer
No.6848650000 is in the name of Mr. Younus Billys Garden as well as Inspection
and testing was also conducted in the name of Mr.Younus. It is further
submitted that the plaintiff in his Legal Notice dated 10-12-2020 (Annexure-H)
addressed to Mr. Younus instead of defendant and the which shows the malafide
intentions of the plaintiff.
Photocopy of bill
bearing consumer No.6848650000 showing the name of the consumer Younus Billys
Garden is enclosed as Annexure-A
6. That the claim of plaintiff against the
defendant is false, frivolous and fictitious and the pictures as well as claim
reports self generated by the officials of the plaintiff company hence this
honorable may be pleased to grant leave to defend the suit unconditionally.
7. That the prayer clauses of the plaintiff
are in contravention of the statutory provision of law hence illegal and liable
to rejected and the suit of plaintiff is liable to be dismissed.
8. That the plaintiff’s claim is false, baseless,
exaggerated, arbitrary and based on concocted pleas and wrong accounts and the
plaintiff has not come to this Hon’able court with clean hands hence the
present suit may be dismissed with special compensatory costs, as the
plaintiff’s claim is contradictory to the documents annexed with the plaint.
9. That no cause of action accrued to the
plaintiff and the contents of the suit against Defendant based on surmises and
the issues involved requires evidence and cannot be adjudicated summarily.
Hence the suit is liable to dismiss against the Defendant.
PARAWISE REPLY
1. That the contents of Para No.1 of the
plaint need no comments.
2. That as regards of Para No.2 of the plaint,
the plaintiff has not produced general
power of attorney of the managing director of SSGC who executed Sub Power of
attorney in favour of syed Muhammad Hassan Meerza. It is submitted that
plaintiff also failed to produce any resolution passed by Board of Directors regarding
to the attorneys to file the suit hence the sub attorney is not competent to
file the suit.
3. That the contents of Para No. 3 of the
plaint are denied. It is submitted that the defendant is not consumer of the
Gas Company and there is no Gas sale agreement was executed between Gas utility
company for sale and purchase of the Gas. It is further submitted that the
plaintiff company in its plaint enclosed the annexure as Annexure-B of
agreement/contract which is blank agreement/contract in which neither shows the
name of the defendant nor any other person as such the occupant/owner of the premises
is father of the defendant.
4. That the contents of Para No. 3 of the
plaint are denied. It is submitted that the defendant is neither the consumer
of the plaintiff company nor the owner of the above flat and mere photographs
does not show the owner/consumer of the Gas, the above flat is registered in
the name of father of the defendant whereas the generator was not lying in the
flat premises as such the above photographs are false and managed. It is further
submitted that the plaintiff company neither at the time of inspection lodged
complaint/FIR against the defendant nor recorded statement of any private
person who deposed against the defendant as well as the plaintiff team did not
seize any equipment from the site of the inspection if it was available.
5. That the contents of Para No. 5 of the
plaint are false, frivolous hence vehemently denied. it is submitted that no
notice was issued by the plaintiff to the defendant for testing process of
meter whereas all the procedure done by plaintiff company themselves without
verifying the consumer name which shows the negligence on the part of the
plaintiff as well as the plaintiff failed to produce any documentary evidence
during the testing process of the meter and the names of the representatives in
whose presence testing was conducted.
6. That the contents of Para No. 6 of the
plaint are false, frivolous hence vehemently denied. It is reiterated that the
defendant neither the consumer of the plaintiff company nor the owner of the premises
for which this Hom’able court may be pleased to verify the consumer name from
the bill. The plaintiff has not disclosed in the plaint that who verified that
the defendant is the consumer of the gas connection and if the committee was
constituted regarding to the assessment of quantum loss then the plaintiff in
his plaint did not disclosed the name and designation of the said committee in
whose presence the report was prepared. It is further submitted that the
plaintiff company has made false and fabricated reports on the basis of
imaginary determination which can be easily prepared by plaintiff and on the
basis of false and self made reports the plaintiff filed the suit against the name
of the wrong defendant, hence this suit is liable to be dismissed.
7. That the contents of Para No.7 are vehemently
denied, that no cause of action was accrued in favor of the plaintiff against
the defendant to file the instant suit in the wrong name of defendant on one
hand and after the lapse of 4 years on the other and is hopelessly time barred
by the limitation act, hence the same is liable to be dismissed with cost.
8. That the content of Para No.8 of the plaint
are denied. It is submitted that the defendant had not received any notice, the
plaintiff attached the receipt of courier without confirmation and incomplete
address. It is further submitted that the bailiff of the court informed about
the case.
9. The contents of Para
No. 8 &9 need no comments.
10. That the contents of prayer clauses of the suit
are also vehemently denied. It is respectfully submitted that under the actual
facts and circumstances of the matter stated above, the plaintiff is not
entitled for any relief from this Hon’ble Court, and the suit under reply is
liable to be dismissed with special cost, as the same has been filed by the plaintiff
with malafide intention and ulterior motives and the same is based on false,
fabricated, concocted, self created and factitious story
PRAYER
It is therefore prayed on behalf of Defendant
in the light of above mentioned reply that this Honorable Court may be pleased
to pass an order by granting Unconditional Leave to defend the suit and dismiss
the above titled suit against defendant by imposing heavy cost.
Karachi:
Dated:07-02-2011 D
E P O N E N T
ADVOCATE FOR DEFENDANT
VERIFICATION
I, Shahrukh Sajid Agha S/o Sajid
Salam Agha, Muslim, Adult, R/o Karachi, the defendant, in the above titled
suit, do hereby verify on Oath that whatever is stated hereinabove, is true and
correct to the best of my knowledge & information.
Karachi:
Dated:07-02-2011 D E
P O N E N T
Identified by me.
A D V O C A T E
Sworn before me on Oath at Karachi on this 07
day of February 2022, by the deponent above named who is identified to me by Mr. Irfan Hyder Jaffri, Advocate, who
is known to me personally.
COMMISSIONER FOR
TAKING AFFIDAVITS
IN THE COURT OF DISTRICT
AND SESSION JUDGE EAST AT KARACHI
Summary
Suit NO. ____ / 2021
M/S Sui southern Gas Company Ltd------------------PLAINTIFF
VERSUS
Mr. Shahrukh Sajid Agha ----------------------------DEFENDENT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR
UNCONDITIONAL LEAVE TO DEFEND THE SUIT IN SHAPE
OF WRITTEN STATEMENT ON BEHALF OF DEFENDANT
I, Shahrukh Sajid Agha S/o Sajid Salam Agha, Muslim, Adult, R/o Karachi, do hereby state on
oath as under:-
1. That I am defendant in the above titled suit
and deponent of this affidavit, as such am fully conversant with the facts of
the case.
2. That the accompanying application for
unconditional leave to defend in the shape of written statement on behalf of
defendant has been drafted and filed under my instructions & on my behalf
and the contents whereof are true and correct and the same alogwith contents of
the memo of application may please be treated as part of this affidavit for the
sake of brevity.
3. That the plaintiff in his Para No.4 stated that the
team conducted inspection on 11-11-2017 and in Para No.8 stated that the legal
notice dated 10-12-2020 was sent,
which crystal clear that the plaintiff sent legal notice after the lapse of 3
years and filed the above suit after
laps of 4 years without dely of condonation application as such the above suit
is hopelessly time bared under Article 49 of Limitation Act and the same is
liable to be dismissed with cost under section 35 A CPC.
4. That the defendant is not
consumer of the Gas company and there is no Gas sale agreement was executed between Gas utility company and defendant
for sale and purchase of the Gas. It is submitted that the plaintiff company in
its plaint enclosed the annexure as Annexure-B of agreement/contract is
blank contract in which neither shows the name of the defendant nor any other
person.
5.That the Meter bearing consumer No.6848650000 is in the
name of Mr. Younus Billys Garden as well as Inspection and testing was also
conducted in the name of Mr.Younus. It is further submitted that the plaintiff
in his Legal Notice dated 10-12-2020 (Annexure-H) addressed to Mr. Younus
instead of defendant and the which shows the malafide intentions of the
plaintiff.
6.That the claim of plaintiff against the defendant is
false, frivolous and fictitious and the pictures as well as claim reports self
generated by the officials of the plaintiff company hence this honorable may be
pleased to grant leave to defend the suit unconditionally.
7.That I say that until and unless my accompanying
application is granted as prayed, I will be seriously prejudiced and shall
suffer irreparable loss.
8.That whatever stated
above is true and correct to the best of my knowledge and belief.
Karachi:
Dated:07-02-2011 D E P O N E N T
