Law: Partnership Act, 1932

Section: 19,22

Law: Civil Procedure Code (V of 1908)

Section: O.XXX,R.1

Partnership Act (IX of 1932)--- ----Ss. 19 & 22---Civil Procedure Code (V of 1908), O. XXX, R. 1---Suit by a partner on behalf of firm---Maintainability---Partner was not required to have an authority from other partners before initiating any action by way of a suit---No adverse consequence had been mentioned in the provision of O. XXX, R. 1, C.P.C. if compliance was not made---Partner could neither relinquish a claim of the firm nor withdraw a suit or proceeding without the authorization or endorsement of the other partners of a firm. Messrs Combined Enterprises v. Water and Power Development Authority, Lahore PLD 1988 SC 39 and Zubair Ahmad and another v. Shahid Mirza and others 2004 MLD 1010 ref. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- Today the matter is fixed for maintainability of the suit in view of the observations made in the order dated 14.05.2018. Mr. Mueen Qamar, learned counsel representing the Plaintiff, has argued that firstly, in compliance of Order XXX, Rule 1 of C.P.C., this suit was filed along with extract issued by the Registrar of the Firms showing the names of all the three partners; secondly, he has placed on record a Resolution dated 11.07.2016 along with the registered deed of partnership under his Statement today, which is taken on record; copy whereof has been provided to the learned counsel for the Defendants, to show that when the present suit was instituted, other partners did authorize one of the partners, namely, Suresh Kumar son of Ram Chand to file present proceeding. He next contended that in terms of section 19 of the Partnership Act, 1932, the partner has implied authority to do certain acts unless excluded and the exclusion is mentioned in section 19 itself, which is also regulated by section 22 of the Partnership Act, 1932. He has relied upon two judgments reported in PLD 1988 Supreme Court page-39 [Messrs Combined Enterprises v. Water and Power Development Authority, Lahore] and 2004 MLD page-1010 [Zubair Ahmad and another v. Shahid Mirza and others]. Mr. Muhammad Nouman Jamali, Advocate for the Defendants, has contended that after submission of Statement today, in which the names of all the partners…

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