KARACHI: A civil court has directed the counsel for a plaintiff to add the Sindh government as a defendant in his lawsuit seeking over Rs37 million in damages from the Karachi Metropolitan Corporation (KMC) over alleged negligence, after his brother-inlaw drowned in an uncovered drain during rainfall in February 2024.

The direction came on an application filed by a KMC official, who sought the removal of the municipal body as a defendant in the lawsuit.The official contended that the cleaning, desilting and rehabilitation of the drain located near Hub River Road during 2023-24 was undertaken under the Sindh government`s Mega Project, and that the said drain had not yet been handed over to the KMC after the completion of the works.

After hearing arguments, the senior civil judge (West) dismissed the plea to remove KMC as a party to the suit and directed the plaintiff to `add the government of Sindh as defendant No. 2 in the suit`.

In its order, the court noted that the KMC, through its senior director, submitted that the drain had not been handed over to the municipal body by the Sindh government. On the other hand, plaintiff`s counsel Advocate Usman Farooq argued that the non-transfer of the nullah did not absolve the KMC of its responsibility, maintaining that under the relevant provisions of the Sindh Local Government Act, 2013, the KMC remained liable.`Such fact neither does absolve the defendant [KMC] from its responsibility rather it is a question of fact whether the responsibility fixed upon the defendant [KMC] or the government of Sindh. In such circumstances, I am humble opinion that the defendant [KMC] is necessary party to the suit; however, in order to determine the responsibility of the incident the government of Sindh may also be added as party to the suit,` the order reads.

According to the plaintiff, on Feb 3, 2024, the 55-year-old Syed Fakhr-i-Alam had left his workplace and was on his way home in Baldia Town when he slipped and fell into the nullah within the jurisdiction of SITE-B police station. Later, the body was found a short distance from the place of the incident. He was the father of five children.

Subsequently, victim`s widow Noorul Ain filed a lawsuit and sought over Rs37m as damages under the Fatal Accidents Act, 1855, from the KMC over the death of her husband due to their alleged negligence.