IN THE COURT OF 3rd SENIOR CIVIL JUDGE, MIRPURKHAS

Civil Suit No. _______________/2020

Ghulam Shabbir and Others Vs. FOP and Others

APPLICATION UNDER ORDER 1 RULE 10 AND UNDER SECTION 151

CIVIL PROCEDURE CODE AND ALL OTHER ENABLING PROVISIONS
OF CIVIL PROCEDURE CODE TO IMPLEAD THE APPLICANT AS PARTY
IN THE ARRAY OF DEFENDANTS

Respectfully Sheweth;

1. The instant application (“Application”) is being filed on behalf of M/s Engro

Enfrashare (Private) Limited (“Applicant”), a company incorporated and
existing under the laws of Pakistan, having its principal place of business at
Office No.1, Top Floor, Beverly Centre, Jinnah Avenue, Blue Area Islamabad
through Mr. Anil Khan Luni, Head of Legal Affairs and Company Secretary
who is an authorized representative of the Applicant to file the instant
Application and who is fully conversant with the facts of the titled civil suit
(“Civil Suit”). [Copy of Sub Delegation of Authority of the Applicant’s
company authorizing Mr. Ali Bux is attached with instant Application and
marked as Annexure “A”].

2. The Civil Suit is pending adjudication before this Honorable Court, which is
fixed for hearing on 11.12.2020.
3. The Civil Suit has been filed by the Plaintiff against Federation of Pakistan
and others.

4. The Applicant humbly seeks indulgence of this Honorable Court to implead

him as a Defendant in the Civil Suit, inter-alia on the following;

GROUNDS

i) The Applicant is a company, registered under the

Companies Law and has the right to sue and to be sued before the court
of law.

ii) The Plaintiff intentionally and malafidely did not

array the Applicant as a party to the Civil Suit.

iii) The Applicant entered into a Lease Agreement with

Mr. Wajid Ali regarding the property in question, who has been
arrayed in the Civil Suit as Defendant No. 11. Copy of Lease
Agreement is attached as Annexure B.

iv) The Civil Suit is filed with respect to property

owned and possessed by Defendant No. 11 [which is allegedly
adjacent to Plaintiff’s land] wherein Applicant’s Company is
installing/erecting a tower for provisioning of telecom services in and
around the vicinity, and as such it is the Applicant whose business
interest is at stake in the present Civil Suit, but the Plaintiff
intentionally and deliberately did not implead the Applicant as a party
to the Civil Suit.

v) It is evident from the above that Applicant is a

necessary and proper party to the Civil Suit and Applicant shall be
impleaded as a party in the Civil Suit as one of the Defendants.
 vi) That if the instant Application is not allowed and the
Applicant is not impleaded as a necessary and proper party in the Civil
Suit, the Applicant will be deprived of its fundamental rights to defend
the Civil Suit and the valuable rights involved in the said Civil Suit,
and it will amount the denial of justice.

vii) That under Article 10-A of the Constitution of

Islamic Republic of Pakistan, 1973, a fair trial is the fundamental right
of the parties to a proceeding. Hence, this Application.

PRAYER:

In view of the foregoing, it is respectfully prayed, that the instant Application may
kindly be accepted and this Honorable Court may please order to implead the
Applicant as a necessary and proper party in the array of Defendants, in the interest of
justice.

APPLICANT

THROUGH

Waqas Ali Chaudhary

Advocate High Court
 N THE COURT OF 3rd SENIOR CIVIL JUDGE, MIRPURKHAS

Civil Suit No. _______________/2020

Ghulam Shabbir and Others Vs. FOP and Others

APPLICATION UNDER ORDER 1 RULE 10 AND UNDER SECTION 151

CIVIL PROCEDURE CODE AND ALL OTHER ENABLING PROVISIONS
OF CIVIL PROCEDURE CODE TO IMPLEAD THE APPLICANT AS PARTY
IN THE ARRAY OF DEFENDANTS

Affidavit of: Mr. Ali Bux son of Mr. ________at Office No.1, Top
Floor, Beverly Centre, Jinnah Avenue, Blue Area
Islamabad

I, the abovenamed deponent do hereby solemnly affirm and declare as under:

That, the facts stated in the accompanying application are true and correct to the best
of my knowledge and belief, and nothing has been concealed therefrom and the same
may please be considered as an integral part of this affidavit.

DEPONENT

VERIFICATION
Verified on oath, at Sialkot, on this 11 th Day of December, 2020 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