Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Civil Procedure Code (V of 1908), O.XXII, R. 4 [before amendment by Law Reforms Ordinance (XII of 1972) ]--Dissolution of partnership--Abatement of appeal on death of one of respondents--Leave to appeal granted to consider contentions (i) that High Court was wrong in taking the view that the appeal had abated in toto in that in a suit for dissolution of partnership every partner was in position of plaintiff as well as defendant and share of each partner in assets of partnership automatically passed to his heirs, and (ii) that where a party was entitled to a definite and ascertained share then there was no question of abatement in toto. (b) Civil Procedure Code (V of 1908)--- ---S. 100 & O. XXII, R. 4 [before amendment by Law Reforms Ordinance (XII of 1972) ]--Suit for dissolution of partnership--Abatement of appeal for non-joinder of legal representatives of one of respondents-Death of respondent taking place during pendency of first appeal-Impleading of such respondent in second appeal before High Court being improper, the question of abatement of second appeal did not arise--Attention of High Court apparently not drawn to such aspect of case--Order in appeal, therefore, held, was unsustainable inasmuch as the appeal could not be disposed of -as having abated--Questions of law on which leave was granted did not arise for decision in the appeal--Impugned order, however, was liable to be set aside--Appeal allowed and case remanded to High Court to decide second appeal in accordance with law. Ghulam Muhammad and others v. Mehtab Beg and others 1983 SCMR 849 ref JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This appeal is directed against the order passed by a learned Single Judge of the Lahore High Court, Lahore, whereby the second appeal filed by the appellants was held to have abated. 2. Briefly the facts are that Kh. Muhammad Sharif, Kh. Abdul Latif and Kh. Ali Bakhsh filed a suit on 25th October, 1957, against the present appellants in the Court of Civil Judge, IV Class, Sargodha, for the dissolution of partnership and rendition of accounts and for passing a money decree in their favour in respect of the amount…

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