Law: Civil Procedure Code (V of 1908)

Section: 115,O.XX,R.15

Civil Procedure Code (V of 1908)--- ---S. 115 & O.XX, R.15---Dissolution of partnership firm---Rendition of accounts---Failure to verify the accounts---Casting liability on one defendant on the basis of statement of the other defendant ---Prelimnary decree in a suit for rendition of accounts was passed and Receiver appointed by the Trial Court was directed to verify the accounts---Statement of accounts submitted m the Trial Court was accepted by one defendant---Trial Court on the basis of such statement passed the final decree against both the defendants--­Defendant not accepting the statement, filed appeal which was dismissed by the Appellate Court---Contention of the defendant was that acceptance of the statement of accounts by other defendant could not be made basis of decree against him---Validity---Both the Courts below had committed illegalities and irregularities in arriving at their respective findings against the defendant--­Both the Courts had not adhered to the provisions of law and had relied upon the material/evidence without entertaining inquiry as to the validity, legality and correctness thereof and the fact whether the same could be admitted and relied upon for the purpose of decreeing the suit against the defendant--­Statement/admission could only be used against the defendant making the same and not against the other defendant for holding him liable to make payment of the amount to the plaintiff---Where the plaintiff failed to lead any evidence before the Trial Court to make defendant liable for making any payment to him out of his share, the s and decrees of the Courts below were not valid and could not be sustained---High Court modified the of the Courts below and decreed the suit against the defendant who accepted the statement of accounts on the basis of his admission. Bhika Mal and others v. Piram Mal and others AIR 1923 Lah. 123 and Abdul Karim v. Haji Ilyas and others 1986 CLC 1660 ref. JUDGMENT This revision application has been filed against the judgment and decree passed by the V-Additional District Judge, Karachi, South, in Civil Appeal No. 175 of 1993, whereby he upheld and confirmed the judgment and decree of the IV Senior…

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