IN THE COURT OF ADDITIONAL DISTRICT JUDGE, MATIARI

C.A NO.19 of 2024

Late Haji Allah Dino through his L.Rs……….………………….……APPELLANTS.

Versus
Mst. Noor Jehan through her L.Rs……….…….…………………RESPONDENTS.

COUNTER AFFIDAVIT/OBJECTIONS TO APPLICATION

U/S. 149 C.P.C
I, ___________________________ S/O ________________________,
Muslim, adult, R/o ____________________________________________________
do hereby state on oath as under:-
1. That, I am _________________ in the above matter and as such am well
conversant with the facts of the case.
2. That, contents of accompanying application U/S. 149 CPC were read-over
to me by my advocate and I reply that the same are false, baseless, incorrect and
misguiding and filed in order to put pressure upon me.
3. That, I am advised to say that the instant application is not maintainable
under the law.
4. That, I am advised to say that counsel for respondents/ plaintiffs has not
filed affidavit in support of present application but in fact counsel has filed the instant
application without supporting affidavit, therefore, same cannot be entertained.
5. That, I am advised to say that grounds taken by the respondents/plaintiffs
in the instant application are vague in nature.
6. That, I am advised to say that respondents/plaintiffs have already availed
sufficient time for filing Court fee stamps but failed to do so and by filing instant
application, they intend to gain more time to linger on the proceedings of the appeal,
therefore, appeal is liable to be returned.
7. That, I am advised to say that no specific ground is agitated for granting
time for depositing the Court fee, therefore, instant application is liable to be dismissed.
8. That I am advised to say that the instant application, even does not show
the efforts taken by respondents/plaintiffs for getting Court feet stamps, therefore,
application is not maintainable.
 -2-

9. That, I am advised to say that the instant application merits no

consideration and is liable to be dismissed, with costs.
That, whatever stated above is true and correct to the best of my
knowledge and belief.

Matiari.
Dated: ___-05-2024. DEPONENT.

The deponent above named is identified by me to the Commissioner for

taking affidavits.
ADVOCATE.
On Oath before me by the deponent above named on this ____ day of May
2024 at Matiari, who is identified by Mr. Masood Rasool Babar Memon advocate, who
is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS.

The contents of this affidavit were first truly and audibly read-over and
explained to the deponent in Sindhi/Urdu language and he seems to have understood the
same and put his signature in my presence.

COMMISSIONER FOR TAKING AFFIDAVITS.

 FOR IMMEDIATE COURT USE.
IN THE COURT OF ADDITIONAL DISTRICT JUDGE, MATIARI
C.A NO.19 of 2024

Late Haji Allah Dino through his L.Rs……….………………….……APPELLANTS.

Versus
Mst. Noor Jehan through her L.Rs……….…….…………………RESPONDENTS.

OBJECTIONS/COUNTER AFFIDAVIT ON APPLICATION

UNDER ORDER 40 RULE 1 CPC R/W SECTION 151 C.P.C
I, ___________________________ S/O ________________________,
Muslim, adult, R/o ____________________________________________________
do hereby state on oath as under:-
1. That, I am _________________ in the above matter and as such am well
conversant with the facts of the case.
2. That, the contents of application U/O 40 Rule 01 CPC R/W Section 151
C.P.C alongwith supporting affidavit were read-over to me by my advocate and I reply
that the same are false, baseless, incorrect and misguiding.
3. That, I am advised to say that the instant application is not maintainable
under the law.
4. That, I am advised to say that there is no need to appoint Receiver as
plaintiffs/respondents filed the instant application with sole intent to pressurize us.
5. That, I am advised to say that there is no explanation that why
respondents/plaintiffs did not file instant application before learned trial Court, which
clearly shows that they intend to put pressure upon respondents to bow down before their
ill wishes.
6. That, I am advised to say that relief sought by respondents/ plaintiffs in the
instant application is time barred as they are seeking depositing of share from 2005.
7. That, I am advised to say that the instant application does not disclose the
cause of action of its filing except simple words of usurping the share since 2005, though,
such fact was not specifically agitated by respondents/plaintiffs in the suit, even in the
instant appeal.
8. That, I am advised to say that learned trial Court has already decreed the
suit and if instant application is allowed, it will affect the merits of the judgment and
decree.
-2-
9. That, I am advised to say that plaintiffs/respondents concealed the real
facts from this Honourable Court with sole intent to put pressure to withdraw from the
share after causing blackmailing and harassment.
10. That I am advised to say that plaintiffs/respondents have filed this
application only to prolong the matter and put pressure to withdraw from the share.
11. That, I am advised to say that the instant application does not disclose the
sufficient grounds for appointment of Receiver.
12. That, I am advised to say that the instant application does not hold
sufficient causes or grounds, which are the basics of order 40 rule 1 CPC.
13. That no sufficient ground has been mentioned in the instant application for
appointment of Receiver.
14. That, I am advised to say that the instant application merits no
consideration and is liable to be dismissed, with costs.
That, whatever stated above is true and correct to the best of my
knowledge and belief.

Matiari.
Dated: ___-05-2024. DEPONENT.

The deponent above named is identified by me to the Commissioner for

taking affidavits.
ADVOCATE.
On oath before me by the deponent above named on this ____ day of May
2024 at Matiari, who is identified by Mr. Masood Rasool Babar Memon advocate, who
is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS.

The contents of this affidavit were first truly and audibly read-over and
explained to the deponent in Sindhi/Urdu language and she seems to have understood the
same and put his signature in my presence.

COMMISSIONER FOR TAKING AFFIDAVITS.

 FOR IMMEDIATE COURT USE.
IN THE COURT OF ADDITIONAL DISTRICT JUDGE, MATIARI
C.A NO.19 of 2024

Late Haji Allah Dino through his L.Rs……….………………….……APPELLANTS.

Versus
Mst. Noor Jehan through her L.Rs……….…….…………………RESPONDENTS.

OBJECTIONS/COUNTER AFFIDAVIT ON APPLICATION

UNDER ORDER 40 RULE 1 CPC R/W SECTION 151 C.P.C
I, ___________________________ S/O ________________________,
Muslim, adult, R/o ____________________________________________________
do hereby state on oath as under:-
1. That, I am _________________ in the above matter and as such am well
conversant with the facts of the case.
2. That, the contents of application U/O 41 Rule 22 CPC R/W Section 151
C.P.C alongwith supporting affidavit were read-over to me by my advocate and I reply
that the same are false, baseless, incorrect and misguiding.
3. That, I am advised to say that the instant application is not maintainable
under the law.
4. That, I am advised to say that contents of instant application show that
plaintiffs/respondents intend to seek like amendments, which were never agitated before
learned trial Court, therefore, same are not permit-able at this stage.
5. That, I am advised to say that there is no explanation that why
respondents/plaintiffs did not file instant application before learned trial Court, which
clearly shows that they intend to put pressure upon respondents to bow down before their
ill wishes.
6. That, I am advised to say that relief sought by respondents/ plaintiffs in the
instant application is time barred and not considerable at appellant forum.
7. That, I am advised to say that it is matter of record that
respondents/plaintiffs have already sought relief as mainly claimed in the instant
application, therefore, instant application is devoid of merits.
8. That, the instant application does not disclose and explain the reason of its
filing except, though, such fact was not specifically agitated by respondents/plaintiffs in
the suit, even in the instant appeal.
-2-

9. That, I am advised to say that learned trial Court has already decreed the
suit and if instant application is allowed, it will affect the merits of the judgment and
decree.
10. That, I am advised to say that plaintiffs/respondents concealed the real
facts from this Honourable Court with sole intent to put pressure to withdraw from the
share after causing blackmailing and harassment.
11. That I am advised to say that plaintiffs/respondents have filed this
application only to prolong the matter and put pressure to withdraw from the share.
12. That, I am advised to say that the instant application does not disclose the
sufficient grounds for its grant.
13. That, I am advised to say that the instant application does not hold
sufficient causes or grounds, which are the basics of order 40 rule 1 CPC.
14. That, I am advised to say that the instant application merits no
consideration and is liable to be dismissed, with costs.
That, whatever stated above is true and correct to the best of my
knowledge and belief.

Matiari.
Dated: ___-05-2024. DEPONENT.

The deponent above named is identified by me to the Commissioner for

taking affidavits.
ADVOCATE.
On oath before me by the deponent above named on this ____ day of May
2024 at Matiari, who is identified by Mr. Masood Rasool Babar Memon advocate, who
is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS.

The contents of this affidavit were first truly and audibly read-over and
explained to the deponent in Sindhi/Urdu language and she seems to have understood the
same and put his signature in my presence.

COMMISSIONER FOR TAKING AFFIDAVITS