1

IN THE COURT OF MR. ATIF NAWAZ BHATTI LEARNED CIVIL

JUDGE 1ST CLASS, LAHORE

Civil Suit No. _________/01/2015

In Re:
Aadil Hussain

Versus

Defence Housing Authority Lahore etc.

[SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT

INJUNCTION AS A CONSEQUENTIAL RELIEF]
___________________________________________________________________
REPLY ON BEHALF OF THE RESPONDENT/DEFENDANT NO. 01 TO
APPLICATION FOR FILLING OF LIST OF WITNESSES.

Respectfully Sheweth:

Preliminary Submissions and Legal Objections:

A. That the under reply application has been filed by the Applicant/Plaintiff with

malafide and the Applicant/Plaintiff has not come to this Court with clean

hands and the same is not maintainable in the present context, therefore, is

liable to be dismissed.

B. That the under reply Application is nothing but an attempt to linger on the

proceeding of the suit/case before this learned Court and to waste the precious

time of the Court via false and frivolous suit for cancellation of documents

with permanent injunction as a consequential relief against the

Respondent/Defendant/DHA therefore, the same is liable to be dismissed on

this score alone.

C. That the record reveals that the Applicant/Plaintiff has badly failed to produce

his evidence since the suit has been fixed for evidence of the Plaintiff on

29.03.2022 and the Applicant/Plaintiff has consistently been playing hide and

seek with this learned Court on one pretext or the other. The Order Sheet of

this learned Court is sufficient to substantiate this fact of the case on the part of
 2

the Applicant/Plaintiff wherein this learned Court has provided more than

Sixteen (16) opportunities/adjournments to the Applicant/Plaintiff to produce

his evidence but the Applicant/Plaintiff has been badly failed to comply with

the repeated orders of this learned Court which fact has crystallized and

established the malafide and ill intent of the Applicant/Plaintiff on the pages of

the court record, therefore, the under reply Application is liable to be dismissed

in view of the matter.

D. That it is not out of place to submit before this learned Court that the

Applicant/Plaintiff has filed the under reply application just to avoid the

striking off of his right to produce evidence and dismissal of his false and

frivolous suit in terms of Order XVII Rule 3 of the Code of Civil Procedure,

1908; as this learned Court on 19.07.2023 was constrained to pass a strict order

against the Applicant/Plaintiff that his right to produce the evidence will be

struck off if he will remain fail to produce his witnesses/evidences before this

learned Court on 13.09.2023 and significantly, the record unveils that the

under reply application is of even date, therefore, the under reply application is

liable to be dismissed on this score alone.

E. That it is pertinent to submit before this learned Court that the

Applicant/Plaintiff failed to brought into the knowledge of this learned Court

“Good Cause” to the satisfaction of the Court for the non-filling of these list

of witnesses moreover, the Applicant has prayed for the filing of the same at

the stage rather blatted when this learned Court opted to strike off the right of

the evidence/dismiss the suit of the Plaintiff/Applicant.

F. That it is pertinent to submit before this learned Court that the

Applicant/Plaintiff has badly failed to disclose the delay for non-filling of list

of witnesses in this learned Court. Apex Courts of the Pakistan has

categorically held “Plaintiff failing to show any cause for delaying filing of
 3

the document, cannot be allowed to bring the same on record belatedly.”

Reliance is placed on 1999 MLD 3018.

G. That in addition to above, it has also been categorically held by the Apex

Courts of Pakistan that, “Court would not allow such application at cost of

the other side which they bore in form of delay in disposal of case.”

Reliance is placed on 2009 CLC 420.

REPLY ON MERITS:

1. That the contents of the under reply paragraph are false, misrepresented just to

linger on the court proceedings with malafide and ill-intent on the part of the

Applicant/Plaintiff hence are vehemently denied in its totality. It is pertinent to

mention here that the Plaintiff/Applicant has been filed false and frivolous suit

against the Respondent/Defendant to fulfill his nefarious designs for his illegal

gains and to injure the reputation of the DHA as well as he has no right or

entitlement over the property. Contents of the submission and objections are re

iterated.

2. That the contents of the under reply paragraph are false, misrepresented just to

linger on the court proceedings with malafide and ill-intent on the part of the

Applicant/Plaintiff hence are vehemently denied. The Applicant/Plaintiff

concocting false and frivolous story whereas Applicant has badly failed to file

the list of witnesses within time prescribed in Order XVI Rule 1 of The Code

of Civil Procedure, 1908. Contents of the preliminary submissions and

objections are re iterated.

3. That the contents of the under reply paragraph are false, misrepresented just to

linger on the court proceedings with malafide and ill-intent on the part of the

Applicant/Plaintiff hence are vehemently denied. The Applicant has miserably

failed to comply with order of this learned Court passed for filing of list of
 4

witnesses, therefore has no right to file instant application at belated stage of

the suit when this learned Court opted to strike off the right of the evidence of

the Plaintiff/Applicant that has reflected the malafide and ulterior motives of

the Applicant/Plaintiff. It is settled principle of law that Law help the vigilant

not the indolent. Contents of the preliminary submission and objections are re

iterated.

4. That the contents of the under reply paragraph are mis-stated and

misrepresented hence are vehemently denied. It is further submitted that the

Applicant/Plaintiff has prayed to this learned Court for summoning of the

witnesses and filling of list of witnesses in the under reply paragraph at the

stage rather blatted when this learned Court opted to strike off the right of the

evidence of the Plaintiff/Applicant that has reflected the malafide and ulterior

motives of the Applicant/Plaintiff. Moreover, contents of preliminary

submissions and objections are re iterated herein.

PRAYER

In the light of foregoing, it is humbly prayed before this learned Court

that the under reply application may graciously be dismissed with exemplary

cost in the interest of justice and equity.

Any other relief that this learned Court may deem just and appropriate

under the circumstances may also be awarded.

Respondent/Defendant No. 1/ DHA

Through

MIAN IMRAN MUSHTAQ

Advocate High Court
 5

Imdad Hussain Khokhar Shamshad Hussain

Advocate High Court Advocate High Court

IMRAN MUSHTAQ & CO.

Advocates & Corporate Counsellors
78-B Mozang Road,
Opposite British Council, Lahore.
Ph: +92-42-36298184-85, Fax: +92-42-36298186
Cell: 0321-8409720, 0301-4109610
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IN THE COURT OF MR. ATIF NAWAZ BHATTI LEARNED CIVIL JUDGE

1ST CLASS, LAHORE

Civil Suit No. _________/01/2015

In Re:

Aadil Hussain

Versus

Defence Housing Authority Lahore etc.

[SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT

INJUNCTION AS A CONSEQUENTIAL RELIEF]
___________________________________________________________________
REPLY ON BEHALF OF THE RESPONDENT/DEFENDANT NO. 01 TO
APPLICATION FOR FILLING OF LIST OF WITNESSES.

Affidavit of Brigadier Hafiz Muhammad Azhar (Retd), Secretary

Defence Housing Authority Lahore, having its office at DHA
Main Office Complex, Sector “A” Commercial, Phase-VI,
Defence Housing Authority Lahore Cantt.

I, the above named deponent do hereby solemnly affirm and declare on Oath:-

Preliminary Submissions and Legal Objections:

A. That the under reply application has been filed by the Applicant/Plaintiff
with malafide and the Applicant/Plaintiff has not come to this Court with
clean hands and the same is not maintainable in the present context,
therefore, is liable to be dismissed.
B. That the under reply Application is nothing but an attempt to linger on the
proceeding of the suit/case before this learned Court and to waste the
precious time of the Court via false and frivolous suit for cancellation of
documents with permanent injunction as a consequential relief against the
Respondent/Defendant/DHA therefore, the same is liable to be dismissed on
this score alone.
C. That the record reveals that the Applicant/Plaintiff has badly failed to
produce his evidence since the suit has been fixed for evidence of the
Plaintiff on 29.03.2022 and the Applicant/Plaintiff has consistently been
playing hide and seek with this learned Court on one pretext or the other. The
Order Sheet of this learned Court is sufficient to substantiate this fact of the
case on the part of the Applicant/Plaintiff wherein this learned Court has
provided more than Sixteen (16) opportunities/adjournments to the
Applicant/Plaintiff to produce his evidence but the Applicant/Plaintiff has
 7

been badly failed to comply with the repeated orders of this learned Court
which fact has crystallized and established the malafide and ill intent of the
Applicant/Plaintiff on the pages of the court record, therefore, the under reply
Application is liable to be dismissed in view of the matter.
D. That it is not out of place to submit before this learned Court that the
Applicant/Plaintiff has filed the under reply application just to avoid the
striking off of his right to produce evidence and dismissal of his false and
frivolous suit in terms of Order XVII Rule 3 of the Code of Civil Procedure,
1908; as this learned Court on 19.07.2023 was constrained to pass a strict
order against the Applicant/Plaintiff that his right to produce the evidence
will be struck off if he will remain fail to produce his witnesses/evidences
before this learned Court on 13.09.2023 and significantly, the record unveils
that the under reply application is of even date, therefore, the under reply
application is liable to be dismissed on this score alone.
E. That it is pertinent to submit before this learned Court that the
Applicant/Plaintiff failed to brought into the knowledge of this learned Court
“Good Cause” to the satisfaction of the Court for the non-filling of these list
of witnesses moreover, the Applicant has prayed for the filing of the same at
the stage rather blatted when this learned Court opted to strike off the right of
the evidence/dismiss the suit of the Plaintiff/Applicant.
F. That it is pertinent to submit before this learned Court that the
Applicant/Plaintiff has badly failed to disclose the delay for non-filling of list
of witnesses in this learned Court. Apex Courts of the Pakistan has
categorically held “Plaintiff failing to show any cause for delaying filing of
the document, cannot be allowed to bring the same on record belatedly.”
Reliance is placed on 1999 MLD 3018.
G. That in addition to above, it has also been categorically held by the Apex
Courts of Pakistan that, “Court would not allow such application at cost of
the other side which they bore in form of delay in disposal of case.”
Reliance is placed on 2009 CLC 420.
REPLY ON MERITS:
1. That the contents of the under reply paragraph are false, misrepresented just to
linger on the court proceedings with malafide and ill-intent on the part of the
Applicant/Plaintiff hence are vehemently denied in its totality. It is pertinent
to mention here that the Plaintiff/Applicant has been filed false and frivolous
suit against the Respondent/Defendant to fulfill his nefarious designs for his
illegal gains and to injure the reputation of the DHA as well as he has no right
or entitlement over the property. Contents of the submission and objections
are re iterated.
2. That the contents of the under reply paragraph are false, misrepresented just to
linger on the court proceedings with malafide and ill-intent on the part of the
Applicant/Plaintiff hence are vehemently denied. The Applicant/Plaintiff
concocting false and frivolous story whereas Applicant has badly failed to file
the list of witnesses within time prescribed in Order XVI Rule 1 of The Code
of Civil Procedure, 1908. Contents of the preliminary submissions and
objections are re iterated.
3. That the contents of the under reply paragraph are false, misrepresented just to
linger on the court proceedings with malafide and ill-intent on the part of the
Applicant/Plaintiff hence are vehemently denied. The Applicant has miserably
failed to comply with order of this learned Court passed for filing of list of
witnesses, therefore has no right to file instant application at belated stage of
 8

the suit when this learned Court opted to strike off the right of the evidence of
the Plaintiff/Applicant that has reflected the malafide and ulterior motives of
the Applicant/Plaintiff. It is settled principle of law that Law help the
vigilant not the indolent. Contents of the preliminary submission and
objections are re iterated.
4. That the contents of the under reply paragraph are mis-stated and
misrepresented hence are vehemently denied. It is further submitted that the
Applicant/Plaintiff has prayed to this learned Court for summoning of the
witnesses and filling of list of witnesses in the under reply paragraph at the
stage rather blatted when this learned Court opted to strike off the right of the
evidence of the Plaintiff/Applicant that has reflected the malafide and ulterior
motives of the Applicant/Plaintiff. Moreover, contents of preliminary
submissions and objections are re iterated herein.

Deponent

Verification:

Verified on oath at Lahore this 07 th day of November, 2023 that the contents of the
above affidavit are correct and true to the best of my knowledge and belief.

Deponent