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BEFORE THE HONORABLE ISLAMABAD HIGH COURT ISLAMABAD

SUIT NO. 15/2009


Re
Arif Riaz Sarfraz
Versus
Aizaz Sarfraz & Three Others
(Suit for Separate Possession by Partition, Accounts and Recovery)

APPLICATION ON BEHALF OF DEFENDANT NO. 1 FOR REJECTION OF


THE PLAINT U/S ORDER VII RULE 11 OF THE CIVIL PROCEDURE CODE
1908 AND ALL OTHER ENABLING PROVISIONS OF THE LAW

Respectfully Sheweth,

1. That the title Suit (the Suit) is pending in this Honorable Court wherein the next
date of hearing is not fixed.
2. That the Suit inter alia for the Partition and Possession of the property of Mrs.
Attiya Sarfraz wife of late Muhammad Sarfraz (the Deceased) is filed by one of
the surviving legal heirs (the Plaintiff) of the Deceased. The Plaintiff has filed the
Suit with mala fide intention and has deliberately omitted details of the heritable
estate left by the Deceased at the time of her death.
4. That a major chunk of the immovable property left by the Deceased is located in
Lahore and Karachi i.e. outside the territorial jurisdiction of this Honable Court
(properties mentioned in the paragraph 3 of the Plaint at serial no. b, d, e and f).
5. That in addition to the property of the Deceased mentioned in the Plaint, the

deceased has left the following estate, particulars whereof have not been disclosed
by the Plaintiff:
Foreign Currency worth USD 1,732,000, that was deposited by the Plaintiff on
behalf of the deceased
(Copy of email correspondence between Defendant no. 1 relating to property/foreign
currency left by deceased is attached herewith as Annex-A/1 and A/2)

5. That the full extent of the estate of the Deceased is yet to be determined. It was a
norm during the life time of the Deceased for various family members and close
friends to borrow cash as well as valuable items such as jewelry, carpets and
antiques. No distribution of the estate of the Deceased can be made without
ascertainment of the full extent of the estate left by the Deceased. Property that
was vested in the Deceased at the time of her death and is therefore a part of her
estate that is to be distributed among the legal heirs is presently in the undisclosed
possession of several persons including some of the legal heirs of the Deceased. It
is therefore essential that such property be recovered and/or accounted for through
a suit for administration before a Court of competent jurisdiction.
6. That it is obvious that the Plaintiff by seeking partial relief regarding the estate
left by the Deceased seeks to deprive other legal heirs including the Defendant
No. 1 from their lawful share in the estate of the Deceased. The Plaintiff is
seeking to avoid having to account for the assets of the deceased in his
possession, dominion or control. The present Suit as submitted above has been
filed for ulterior purposes and only to seek relief regarding those properties only
that are out of Plaintiffs control/possession.
6. That the Applicant (Defendant No. 1) has filed a Suit for Administration of the
estate of the Deceased before the Honorable Sindh High Court at Karachi. The
Plaintiff in the instant Suit is Defendant No. 3 in the aforesaid suit (Copy of Plaint
in Suit No. 178/2009 pending in the Honorable Sindh High Court at Karachi is
attached herewith as Annex-B).
7. That the titled Suit is not maintainable as no partition of the estate may be made
prior to the determination of the extent of the estate of the Deceased through a
decree for administration.
7. That Plaint in the present Suit is liable to be rejected inter alia on the following

GROUNDS
B. That the Applicant has filed a Suit for Administration in the Honorable Sindh
High Court at Karachi which is presently pending and Plaintiff in the present
Suit is Defendant No. 3 in the said suit. The suit before the Honorable Sindh

High Court covers matters that are essential pre-requisites to a partition of the
estate of the Deceased. The titled suit before this Honorable Court has not
only been filed with mala fide intent but is also premature.
C. That in view of the suit for administration filed before the Honorable Sindh
High Court as mentioned in para 7 of the instant Application, proceedings in
the titled suit will suffer from the principle against multifariousness and will
therefore be vexatious.
D. That in view of submissions made above, the titled suit discloses no mature
cause of action.

In view of above submissions, it is most respectfully prayed that the plaint in the
titled suit may very kindly be rejected or in the alternative proceedings in the titled
suit be stayed till the determination of the proceedings before the Honorable Sindh
High Court in the suit for administration as mentioned in para 7 above.

Any other relief deemed just and fair may very kindly be ordered to be granted

Defendant No. 1
Through

SALMAN AKRAM RAJA


M.A. (Cantab)
LL.M. (London);
LL.M. (Harvard)
Advocate Supreme Court
33-C, Main Gulberg Lahore

BEFORE THE HONORABLE ISLAMABAD HIGH COURT ISLAMABAD

SUIT NO. 15/2009


Re
Arif Riaz Sarfraz
Versus
Aizaz Sarfraz & Three Others
(Suit for Separate Possession by Partition, Accounts and Recovery)

APPLICATION ON BEHALF OF DEFENDANT NO. 1 FOR REJECTION OF


THE PLAINT U/S ORDER VII RULE 11 OF THE CIVIL PROCEDURE CODE
1908 AND ALL OTHER ENABLING PROVISIONS OF THE LAW
Affidavit of AIZAZ SARFRAZ S/O MUHAMMAD SARFRAZ R/O HOUSE NO. 33A, MUHAMMAD ALI HOUSING SOCIETY, KARACHI
I the abovenamed deponent do hereby solemnly swear and affirm as follows:

1. That the title Suit (the Suit) is pending in this Honorable Court wherein the next
date of hearing is not fixed.
2. That the Suit inter alia for the Partition and Possession of the property of Mrs.
Attiya Sarfraz wife of late Muhammad Sarfraz (the Deceased) is filed by one of
the surviving legal heirs (the Plaintiff) of the Deceased. The Plaintiff has filed the
Suit with mala fide intention and has deliberately omitted details of the heritable
estate left by the Deceased at the time of her death.
3. That a major chunk of the immovable property left by the Deceased is located in
Lahore and Karachi i.e. outside the territorial jurisdiction of this Honable Court
(properties mentioned in the paragraph 3 of the Plaint at serial no. b, d, e and f).
4. That in addition to the property of the Deceased mentioned in the Plaint, the
deceased has left the following estate, particulars whereof have not been disclosed
by the Plaintiff:
Foreign Currency worth USD 1,732,000, that was deposited by the Plaintiff on
behalf of the deceased
(Copy of email correspondence between Defendant no. 1 relating to
property/foreign currency left by deceased is attached herewith as Annex-A/1
and A/2)

5. That the full extent of the estate of the Deceased is yet to be determined. It was a

norm during the life time of the Deceased for various family members and close
friends to borrow cash as well as valuable items such as jewelry, carpets and
antiques. No distribution of the estate of the Deceased can be made without
ascertainment of the full extent of the estate left by the Deceased. Property that
was vested in the Deceased at the time of her death and is therefore a part of her
estate that is to be distributed among the legal heirs is presently in the undisclosed
possession of several persons including some of the legal heirs of the Deceased. It
is therefore essential that such property be recovered and/or accounted for through
a suit for administration before a Court of competent jurisdiction.
6. That it is obvious that the Plaintiff by seeking partial relief regarding the estate
left by the Deceased seeks to deprive other legal heirs including the Defendant
No. 1 from their lawful share in the estate of the Deceased. The Plaintiff is
seeking to avoid having to account for the assets of the deceased in his
possession, dominion or control. The present Suit as submitted above has been
filed for ulterior purposes and only to seek relief regarding those properties only
that are out of Plaintiffs control/possession.
7. That the Applicant (Defendant No. 1) has filed a Suit for Administration of the
estate of the Deceased before the Honorable Sindh High Court at Karachi. The
Plaintiff in the instant Suit is Defendant No. 3 in the aforesaid suit (Copy of Plaint
in Suit No. 178/2009 pending in the Honorable Sindh High Court at Karachi is
attached herewith as Annex-B).
8. That the titled Suit is not maintainable as no partition of the estate may be made
prior to the determination of the extent of the estate of the Deceased through a
decree for administration.
9. That Plaint in the present Suit is liable to be rejected inter alia on the following

GROUNDS
A. That the Applicant has filed a Suit for Administration in the Honorable Sindh High
Court at Karachi which is presently pending and Plaintiff in the present Suit is
Defendant No. 3 in the said suit. The suit before the Honorable Sindh High Court
covers matters that are essential pre-requisites to a partition of the estate of the
Deceased. The titled suit before this Honorable Court has not only been filed with
mala fide intent but is also premature.
B. That in view of the suit for administration filed before the Honorable Sindh High
Court as mentioned in para 7 of the instant Application, proceedings in the titled suit
will suffer from the principle against multifariousness and will therefore be vexatious.
C. That in view of submissions made above, the titled suit discloses no mature cause of

action.

DEPONENT

VERIFICATION:Verified on oath at _________ on this ____ day of __________ 2009 that


the contents of the above affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.

DEPONENT