Law: Criminal Procedure Code (V of 1898)

Section: 7

Law: Limitation Act, 1908

Section: 185(3)

Civil Procedure Code (V of 1908)--   --O. V I , R.7--Limitation Act (IX of 1908) , Art. 106--Constitution of Pakistan (1973) , Art. 185(3)--Departure from pleadings--Time-barred suit--Suit for accounts and recovery of possession in respect of dissolved partnership--Leave to appeal granted to examine question that in the face of a categorical averment in plaint that partnership firm, in respect of which plaintiff was seeking rendition of accounts, stood dissolved in 1971, the suit appears to be plainly barred by limitation under Art.106 of Limitation Act and Court was not competent by inferential conclusion to set up a case different from one pleaded by plaintiff himself. ORDER ZAFFAR HUSSAIN MIRZA, J.--Respondent No.1 has filed Suit No.804 of 1985 against the petitioner and respondents Nos.2 to 5 on the original side of the Sind High Court which is pending decision. This suit has been filed for accounts and recovery of possession in respect of a partnership firm which according to the averments made in the plaint stood dissolved on 20th February, 1971. 2. As the suit was filed. on 17th November, 1985 and admittedly the prayer for rendition of accounts related to the said dissolved firm, the petitioner moved the Court under Order VII, Rule 11, C . P. C . for rejection of plaint on the ground that the suit on the face of the plaint was time-barred. The learned Judge in Chambers, however, dismissed the application on the ground that there were averments in the plaint (which had to be taken as correct for the…

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