Sindh High Court adjourned hearing miscellaneous application filed by Sindh Assembly's Deputy Speaker Rahila Tiwana for setting aside decree against her, in respect of flat in Clifton area Karachi, on request of counsels.
The rejoinder was filed by Ms Tiwana denying the allegation, cited by decree holder in counter affidavit, and pleaded court to frame the issues and record the evidence in this regard.
It was submitted that decree was obtained fraudulently by plaintiff Dr Shafatullah and Ashiq Hussain advocate and they abused process of law by fetching a peculiar and technical type of fraud to seek exparte judgement.
Her counsel Abdul Waheed stated neither she received any notice in respect of lawsuit against nor appointed any counsel to contest the same.
He stated her client absence, in suit proceeding, was neither deliberated nor wilful.
It further stated that it is fit case to conduct inquiry against respondent.
Justice Sarmad Jalal Osmany of SHC, by consent, fixed January 28, 2003 for next hearing.
On previous hearing, decree holder, in its counter affidavit, had submitted that application, filed against decree, is an abuse of process of law and liable to be dismissed.
It stated applicant failed to produce any documents or evidence in support of her possession of property.
SHC earlier decreed on October 31, 2003 the flat 421-A Marine Drive Block-2 Clifton in favour of plaintiff and ordered court Nazir to hand over property to plaintiff. Nazir was also asked to determine rent of flat since April 15, 2001 when suit was filed. Decree holder, who is by profession a doctor and serving abroad, stated in his plaint that he purchased flat and stayed in it during visit to Pakistan.
He alleged on April 10, 2001, Ms Tiwana unlawfully occupied his property and refused to vacate the same.
Against the decree of High Court, Ms Tiwana filed application in SHC and stated neither she received any notice in respect of lawsuit against her nor appointed any counsel to contest the same.
She submitted decree was passed exparte and claimed that it was obtained fraudulently by plaintiff Dr Shafatullah and her so-called counsel Ashiq Hussain.
SHC on December 2, 2003 directed SHC's Nazir not to take property decreed against Sindh Assembly's Deputy Speaker and ordered to seal said property.