Application For Setting Aside Ex Parte - Alina Syed Vs Faisal Nawaz Khan 22-02-2012

 

IN THE COURT OF TIMSAL ZAIB SYED NAEEM JUDGE WITH THE POWERS OF JUDGE FAMILY COURT, LAHORE

Family Suit No.______________2012.

Alina Syed Wife of Faisal Nawaz Khan etc.

VERSUS  Faisal Nawaz Khan

  SUIT FOR REOVERY OF MAINTENANCE ALL AALOWANCE

APPLICATION FOR SETTING ASIDE EX-PARTE PROCEEDINGS

Respectfully Sheweth:

1.

Th That at tthe he app appli lica cant nt/d /def efen enda dant nt h has as aapp ppea eare red d be befo fore re tthi hiss ho hono nora rabl blee co cour urtt on 23-12-2011 and there memorandum of appearance was produced  before this honorable court where it was clear that the applicant is resident of Dubai from where, it is quite difficult to attain the power  of attorney. The court honored and given an opportunity to produce the power of attorney on next date of hearing but unfortunately the  power of attorney from Dubai has not been arrived. So, it is very difficult for the applicant to attend the court.

2.

That the applicant rec received the attested power of attorne rney in the month of February while the honorable court had started an ex-parte  proceeding on 14 February February 2012.

3.

Tha Thatt the app applic licant ant is rea ready dy to joi join n the pro procee ceedin dings, gs, if the cou court rt  permits so keeping in view view the problems which the applicant faced to

 

get the attes attested ted pow power er of attor attorney ney

from ou outt of cou countr ntry y and afte after  r 

getting it sent to Pakistan and got registered in Pakistan. P akistan. 5.

That delay in appe appearance arance was not delib deliberate erately ly nor know knowingl ingly, y, just  because of unfortunate circumstances which were out of the applicant’s control.

6.

That it is well settled law that no body condemns un heard. The copy of power of attorney is attached

That keeping in view the above said circumstances the order of the ex-parte

proceedings

may

kindly

be

set

side

and

the

applicant/respondent may kindly be allowed to join the proceedings of this honorable court for the sake of justice, equity and fair play.

APPLICANT Through Special Power of Attorney Mir Adnan Khalid To Advocate

  Muhammad Kamran Siddique Advocate High Court Sidddiqi Sidd diqi Law Chambers, 48-Lower Mall Lahore

 

IN THE COURT OF TIMSAL ZAIB SYED NAEEM JUDGE WITH THE POWERS OF JUDGE FAMILY COURT, LAHORE

Family Suit No.______________2012.

(1) Alina Syed.

VERSUS  

Faisal Nawaz Khan

 

SUIT FOR REOVERY OF MAINTENANCE ALL AALOWANCE APPLICATION FOR SETTING ASIDE EX-PARTE PROCEEDINGS

AFFIDAVIT OF Mir adnan Khalid son of Khalid Mir, special  power of attorney of Faisal Nawaz Nawaz Khan residing at House No 8-A, Moh-Aziz Dehi Road Sandha,   Lahore.

1. I, the above named deponent solemnly affirm and declare as under;   That the Contents of the accompanying application are correct and true to the best of  deponent’s knowledge and belief and nothing has been concealed there from. Moreover, the deponent has not filed any other application except the instant application in any other Court.

 

DEPONENT

 

Verified on oath at Lahore on this ______rd day of February 2012 that all the contents of the above affidavit are correct and true to the best of my knowledge and belief.

DEPONENT