Law:

Section:

Partnership Act (IX of 1932)--- ----S.44---Civil Procedure Code (V of 1908), S.115---Suit for dissolution of partnership---Both oral and documentary evidence recorded in suit clearly established that partnership firm was in fact dissolved on specified date and deed of dissolution executed by the partners---Deed of dissolution indicated that all accounts were settled and each of the partners in fact recorded his such acknowledgement---Each partner, thus, knew the exact and ascertained amount that was payable---Suit for dissolution of partnership could not be filed---Noting was pointed out to disturb concurrent findings of two Courts below in exercise of revisional jurisdiction---Concurrent findings of Courts below were confirmed in circumstances. JUDGMENT By a partnership deed executed on 1st April, 1960 Haji Mohammad Umar (since deceased) and his three sons, Mohammad Zaki Ahmed, Mohammad Mohsin and Mohammad Anwar agreed to carry on the business of partnership under the name and style of Messrs Haji Mohammad Umer & Sons. Haji Mohammad Umer and Mohammad Mohsin were to receive a share of 5 annas each while Mohammad Zaki and Mohammad Anwar had a share of 3 Kanals each. Out of the said partners Mohammad Mohsin, being the eldest son was to be the Managing Partner to conduct all the affairs of the partnership business including proper maintenance of the accounts. The said firm was also registered on 7-12-1961 with the Registrar of the Joint Stock Companies. Mohammad Zaki used to receive a monthly pocket allowance of Rs.300 upto 1st April, 1963. He did not receive his share of profits out of the, said business- of the partnership since the year 1963. He called upon Mohammad Mohsin, the Managing Partner and other partners to settle his account. On their failure to do so he filed a suit for dissolution of partnership and rendition of accounts against the other partners in the Court of XXXIInd Civil Judge, Karachi. His plaint was registered as Suit No. 1251 of 1971 of that Court. The defendants in the suit denied all the allegations made in the plaint and claimed that the partnership firm was in fact dissolved on 31-12-1970 and the plaintiff ceased to be partner in…

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