Civil Procedure Code o 1 R 10 Application

IN THE COURT OF HON’BLE ____________________________
AT KARACHI (_________)
Civil Suit No. _______ OF 2022
Muhammad Salman----------Vs---------- Mr. Muhammad Yaseen & others
APPLICATION UNDER ORDER 1 RULE 10 (2) C.P.C. FOR STRIKING

OUT THE DEFENDANT NO. 2 TO 6
Respectfully Sheweth:
1. That the titled suit is pending before this Honourable Court for
today i.e. 11.08.2023.
2. That the titled suit has been filed by the plaintiff under order
XXXVII of the code of civil procedure, 1908 for recovery of
Rs.15.000 million/- (rupees fifteen million) against the defendants
as they failed to fulfil their legal obligations to payback the lawful
debt plus the interest amount thereon as per the said Agreement.
3. That in order to discharge liability, finally the Defendant No.1

issued one Post Dated Cheque bearing No. CA 24398649 dated
30.06.2022, for a sum of Rs. 15.000 million drawn on NIB Bank,
Kamoki Brach, Punjab in favour of the Plaintiff received on
24.05.2022.
4. That the Plaintiff presented the said Cheque for encashment

through his Banker i.e. Meezan Bank, New Challi Branch but the
said cheque had been dishonoured by the banker with the reason
“ACCOUNT NOT FOUND/NOT PERTAIN TO US/ACCOUNT
CLOSED” which was intimated to the Plaintiff by way of return
memo dated 10.08.2022.
5. That the cheating was intention of the Defendant No.1 and his
accomplices other Defendants No.2 to 6 to wrongfully gain the
money from the Plaintiff thus causing loss to him have therefore
committed criminal offences as defined and suggested in the PPC,
1860 including u/s 420 PPC.
6. That the applicants humbly seek indulgence of this Honourable
Court for allowing struck of the defendants 2 to 6 in the titled suit
inter-alia on the following:
GROUNDS
A. The Defendant No.1 is a “necessary party” whereas the Defendants

No. 2 to 6 are “proper party” in the above titled suit whose presence
would enable the court to completely, effectively and adequately
adjudicate upon all matters in dispute in the suit, though they are
not persons against whom the order is to be made.
B. That the Plaintiff has not intentionally arrayed the defendants No. 2
to 6 as necessary party as wrongly conceived.
C. That the defendants No. 2 to 6 in association with Defendant No. 1

have committed criminal offences as suggest and defined under the
enabling section of the PPC, 1860 thus fall under different
jurisdiction and forum.
D. That the Plaintiff’s application for struck out the Defendants No. 2
to 6 be allowed from the array of parties under Order I Rule 10(2)
of the CPC, as it was manifestly erroneous. The Order 1 Rule 10
( 2) of CPC is reproduced as under:-
“10 (2) Court may strike out or add parties -The Court may at any
stage of the proceedings, either upon or without the application of
either party, and on such terms as may appear to the Court to be just,
order that the name of any party improperly joined, whether as
Plaintiff or Defendant, be struck out, and that the name, of any
person who ought to have been joined, whether as Plaintiff or
Defendant, or whose presence before the Court may be necessary in
order to enable the Court effectually and completely to adjudicate
upon and settle all the questions involved in the suit, be added.”
E. That applicant may be allowed to raise additional grounds at the

stage of arguments.
PRAYER
In aforementioned circumstances, it is humbly prayed that:-
1. The defendants No. 2 to 6 may be struck out as necessary party in

the titled suit.
2. The Hon’ble Court may graciously pass the order against the
Defendant No. 1 who is the necessary part directing to pay the
amount as double to the amount covered under the said
dishonored cheque, under the enabling provisions of the
Negotiable Instruments Act, 1881.
This application is submitted in the interest of justice.
Karachi
Dated: 11.08.2023
APPLICANT (Plaintiff)
THROUGH
(Tahir Iqbal Malik)

Advocate High Court
IN THE COURT OF HON’BLE ____________________________
AT KARACHI (_________)
Civil Suit No. _______ OF 2022
Muhammad Salman----------Vs---------- Mr. Muhammad Yaseen & others
AFFIDAVIT IN SUPPORT OF APPLICATION UNDER ORDER 1 RULE 10

(2) C.P.C. FOR STRIKING OUT THE DEFENDANT NO. 2 TO 6
I, Muhammad Salman, S/o Muhammad Ismail CNIC # 42201-

8138197-5, Cell # R/o _____ Karachi (West), do hereby solemnly affirm
and declare as under:-
1. That my counsel under my instructions has drafted the

accompanying application and the contents of the same have been read
over and explained to me which I have understood, the contents of
aforesaid application are true and correct to my knowledge, on the bases
of information received and believed to be correct and nothing has been
concealed therein intentionally.
2. That the contents of accompanying application may kindly be read

as part and parcel of this affidavit, as the same are not repeated here for
sake of brevity.
Deponent
Verification
Sworn before me on Oath at Karachi (west) by the deponent above named
who is identified to me by Tahir Iqbal Malik Advocate High Court, who is known
to me.
COMMISSIONER FOR TAKING AFFIDAVIT

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IN THE COURT OF HON’BLE ____________________________

Civil Suit No. _______ OF 2022

Muhammad Salman----------Vs---------- Mr. Muhammad Yaseen & others

APPLICATION UNDER ORDER 1 RULE 10 (2) C.P.C. FOR STRIKING

3. That in order to discharge liability, finally the Defendant No.1

4. That the Plaintiff presented the said Cheque for encashment

A. The Defendant No.1 is a “necessary party” whereas the Defendants

C. That the defendants No. 2 to 6 in association with Defendant No. 1

E. That applicant may be allowed to raise additional grounds at the

1. The defendants No. 2 to 6 may be struck out as necessary party in

This application is submitted in the interest of justice.

(Tahir Iqbal Malik)

Civil Suit No. _______ OF 2022

Muhammad Salman----------Vs---------- Mr. Muhammad Yaseen & others

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER ORDER 1 RULE 10

I, Muhammad Salman, S/o Muhammad Ismail CNIC # 42201-

1. That my counsel under my instructions has drafted the

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

COMMISSIONER FOR TAKING AFFIDAVIT

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