' SYED HASAN AZHAR RIZVI, J.--- By this application, under Order XXXIX, Rules 1 and 2 r/w Section 151, C.P.C., filed by the plaintiff with the prayer to restrain the defendant No,1 from floating 3rd WAPDA Sukuk issue during the pendency of this suit and as against defendant No,2 from becoming a trustee to handle the said 3rd WAPDA Sukuk issue at all. The application is duly supported by an affidavit Syed Owais Wasti, Principal Officer and attorney of the plaintiff.
2. Counter-affidavit to the listed application has been filed on .Behalf of defendants Nos.1 and 3 denied the contents of the listed application being false and misconceived and prayed for dismissal of the same with costs. It was specifically stated that the suit of the plaintiff is not maintainable for the reasons that it is based on a series of surmises and conjectures and apprehension. It was further stated that the suit is also not maintainable as it is barred by limitation as no cause of action in favour of the plaintiff has arisen and plaintiff's claims are based on a series of transactions which occurred in February, March and April, 2009, therefore, the instant suit is hopelessly time barred and liable to be summarily dismissed. It was also averred that the suit is barred by the provisions of Order II, Rule 2, C.P.C. It was stated that plaintiff filed Suit No, 1497/2009 before this Court, which is still pending on the basis of same alleged cause of action and omitted therein to sue for the relief being claimed in the present suit and is therefore precluded from suing for the same at this belated stage. It was also averred that defendants Nos.1 and 3 are issuing the 3rd WAPDA Sukuk certificates in order to enable them to raise funds for the vitally required energy projects which are badly needed to cope with the energy crises being faced by Pakistan. It was further stated that the relief being prayed for by the plaintiff, if granted, would seriously prejudice the business of the defendants Nos.1 and 3 and thereby impact the working of the Federal Government in that it would hinder its efforts to deal with the energy crises. It was further averred that plaintiff has no locus standi. It was stated that purports to be filing the instant suit in the public interest but is self-evidently motivated by mala fides inasmuch as the suit seeks to pressurize the defendants Nos.1 and 3 to accept the plaintiff's claim before raising further finances for public sector energy projects. It was also stated that plaintiff has -chosen not to join proceedings before the Civil Court at Lahore and has not entered appearance before the Hon'ble Lahore High Court in RFA 779/2010. In these circumstances the mala fide motivation of the plaintiff is to exert pressure on the defendants Nos.1 and 3 to settle with the plaintiff. It was also stated that the suit is barred by principle of res subjudice as enshrined in Section 10, C.P.C. It was further stated that all the Sukuk certificates were issued at Lahore, the headquarters of the defendants are located at Lahore, the disputed transactions, which are now to be decided/adjudicated upon by the Civil Court at Lahore, took place at Lahore, the cause of action has arisen entirely at Lahore and hence this Court has no territorial jurisdiction in the matter. Therefore, the instant suit is not maintainable and nor is the plaintiff entitled to the relief prayed for.
3. I have heard Mr. A.I. Chundrigar, Advocate for plaintiff,