Law: Partnership Act (IX of 1932)

Section: 69

Law: Contract Act (IX of 1872)

Section: 37

  Partnership Act (IX of 1932)--- ----S. 69---Suits---Maintainability---Defendant's objection that plaintiff firm no being registered, suits filed by such firm were not maintainabie---Agreements entered into by parties showed that plaintiffs were therein, described as sole proprietary firms and not partnership firms---Provision of S. 69, partnership Act, 1932, was thus not attracted---Suits were maintainable in circumstances. Contract Act (IX of 1872)--- ----S. 37---Civil Procedure Code (V of 1908), O.XV, R. 1-Contractual liability admitted by defendant in written statement--Plaintiffs having completed their part of the contract and defendant having received benefits out of same, could not deny their liabilities under the contract in question. Contract Act (IX of 1872)--- ----S. 37---Civil Procedure Code (V of 1908), OXV, R.1---Contractual liability---Defendant had undertaken to procure exemption of sales tax on the work to be completed by the plaintiff and in case such exemption was not possible then they (defendant) would pay the same---Such fact was also admitted by defendant in written statement---Plaintiffs were entitled to the amount of sales tax alongwith the amount which they were, entitled to receive otherwise i.e. arrears outstanding against contractual liability. Jamiyat Ali v. Mrs. Chemon Ara Begum and another PLD 1968 Dacca 190; Secretary-cum-Chief Engineer v. Ghulam Muhammad Khan 1986 CLC 2987 and Masood Jilani v. Muhammad Ibrahim Miraj-ud-Din PLD 1962 (W.P) Lah.281 ref. Mazharuddin Siddiqui with Musheer Alam for Appellant. Talmiz Burney for Respondent No. 1 . Date of hearing: 28th September, 1992. JUDGMENT By this common judgment I intend to dispose of these first appeals as they involve the common points of law and fact and the appellants in all the three appeals are the Firms of Motor Body Builders while the respondents are the same. Briefly the facts of the case are that the present appellants, who are in the business of manufacture and fabrication of Buses, Trucks etc. all entered into various agreements with the respondent No.l whereby they had agreed to undertake the work of fabrication of Buses' chassis. In the first case,…