Law: Partnership Act, 1932

Section: 69

Partnership Act (IX of 1932)--Ss. 69, 18 & 19 --Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- Non-registered firm--- Words "other proceedings" in S.69, Partnership Act, 1932---Scope---Objection was raised to maintainability of constitutional petition in view of bar contained in S.69 of Partnership Act, 1932---Validity---Words "other proceedings" did not include constitutional jurisdiction as such jurisdiction created by the Constitution, could not be equated with suits or claims of set off---Bar contained in S.69 of Partnership Act, 1932, was not applicable to constitutional petition---One partner had implied authority to act and carry on business in usual way and could bind his firm, therefore, he could file constitutional petition on behalf of other partners without written authorization from other partners---Subsequent filing of deed of Association and ex-post facto rectifications by partners was accepted and the same cured technical defects in filing petition---Constitutional petition was maintainable in circumstances. Muhammad Ayub and Brothers through Partner v. Province of Sindh through Secretary Irrigation and Power Department, Karachi and others 2009 CLD 194; Messrs Nishat Chunnian Ltd. v. Province of Punjab through Secretary, Local Government and 2 others 2012 CLD 1288; Muslim Commercial Bank Limited Karachi v. Haji Shaikh Yaqinuddin and 2 others PLD 1992 Kar. 314; Rala Singh and others v. Babu Bhagwan Singh and Sons AIR 1925 Rangoon 30; Muhammad Azam Muhammad Fazil & Co., Karachi v. Messers N.A. Industries, Karachi PLD 1977 Kar. 21; Brig. Muhammad Bashir v. Abdul Karim PLD 2004 SC 271; Sajawal Khan v. Wali Muhammad 2002 SCMR 134 and Messrs Al-Raham Travels and Tours Pvt. Ltd. v. Ministry of Religious Affairs, Hajj, Zakat and Ushr through Secretary and others 2011 SCMR 1621 ref. ORDER MRS. AYESHA A. MALIK, J.---Through this petition the petitioner seeks a decision on an application pending before the DCO requesting him to pay the outstanding amount for supply of diesel generators by the petitioner. Learned counsel pressed for notice to be issued and a report be called for as to why the respondent has not…

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