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Constitution of Pakistan (1973) Art. 185(3)Concurrent findings of Courts below based on correct appraisal and interpretation of oral and documentary evidenceEntire evidence considered in its proper context fully sustaining concurrent findings of Courts below and questions involved primarily questions of factNo case, held, made out for interference. ORDER MUHAMMAD AFZAL CHEEMA, J. A firm of contractors working under the name and style of Najab Khan Brothers obtained three contracts for construction of roads in Mardan District between May, 1968 and February, 1969. There was no written partnership deed but according to the -Respondents, the -Petitioner, the two -Respondents and one Feroz Khan were the shareholders, of whom Feroz Khan left earlier and is not a party to this litigation. It appears that Najab Khan and his brothers had already formed another firm Najab Khan Brotners with its Registered Office at Karachi. Since Najab Khan mostly stayed in Karachi, the work of ; the three contracts mentioned above of which we are primarily concerned with the third contract was look ed after by Mir Hassan -Respondent No. 2 as an agent of the firm, He carried out the work, issued and received cheques, maintained and operated accounts with different banks on behalf of the firm. Before the completion of the third contract pertaining to the construction of GaddarShah Dhand Khat Killi Road differences arose between the parties who are otherwise, related inter se and the -Petitioner cancelled the agency of Mir Hassan -Respondent and intimated the Deputy Commissioner, Mardan, the Muslim Commercial Bank, Mardan, in which the account was maintained as also Mir Hassan himself. The rest of the work was carried out by the -Petitioner who received final payments from the Department. 2. On 431971, the -Respondents brought a suit against the -Petitioner for rendition of accounts. Having overruled some preliminary objections as to the competence of the suit etc., the learned trial Judge found issue No. 3, namely, as to whether the plaintiffs were partners with the defendant in the disputed contract and as such entitled to rendition of accounts in favour of the plaintiff -Respondents and…

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