Law: Pakistan (Administration of Evacuee Property) Act, 1957

Section: 22

Law: Partnership Act (IX of 1932)

Section: 40,43,45

(a) Pakistan (Administration of Evacuee Property) Act (X11 of 1957)   S. 22-Finding of Custodian as to property not being evacuee-Necessarily involving another determination of title-Such determination, whether res-judicata.   A judgment by the Custodian can be relevant only for the purpose of determining whether some property is or is not evacuee property. It may be that in a particular case the finding as to the property not being evacuee necessarily involves another determination of title and in that case the judgment of the Custodian may become res judicata to that extent.   (b) Partnership Act (IX of 1932)   Ss. 40 and 43-Dissolution of partnership at will accomplished by one partnerDissolution of any partnership by consent of all partners.   (c) Partnership Act (IX of 1932)   S. 45-Contract entered into by partner after dissolution of firm-Other partners not to be impleaded as co plaintiffs in suit by partner on basis of contract Firm does not remain in existence in relation to third parties after dissolution.   The fact that partners remain liable to third parties under section 45, Partnership Act does not mean that the firm remains in existence in relation to such parties. The words of section 45 should not be taken further than what is actually contained in them. If notice has not been given of dissolution, a third party when it has to enforce its rights can sue all the partners. That is on the principle of estoppel. Once the partners have represented to the public that they are a firm they cannot repudiate their liability till they give public notice because third parties may be having dealings with the individual partners only because they were regarded as members of that firm.   All that section 45 says is that even a person who is not a partner shall be liable because he did not give notice. But it certainly does not mean that all the previous partners should be plaintiffs in suit filed by one partner in respect of a transaction entered into by him subsequent to the dissolution. The suit would have to be dismissed qua the previous partners.   (d) Partnership Act (IX of 1932)   S. 69-Firm registered…