| Citation(s) |
|---|
| 1969 SLG 223 1969 SLD 223 1969 PLD 408 |
Sindh High Court
Suit No. 37 of 1962, decision dated: 12th July 1967.
KADIR NAWAZ S. AWAN, J
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Suit No. 37 of 1962, decision dated: 12th July 1967.
KADIR NAWAZ S. AWAN, J
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MESSRS RALLI BROTHERS LTD.--Plaintiffs
VS
MESSRS Shaikh MUHAMMAD DIN ABDUL RAHMAN----Defendants
Law:
Section:
(a) Evidence-Interested evidence-Witness alleged as interested-Deposition, however, strongly corroborated by documents on record-Evidence relied upon. Niaz v. The State P L D 1960 S C 387 ref. (b) Civil Procedure Code (V of 1908), O. XXI, r. 50-Decree against firm-Execution of-Liability of one or more partners-Partnership admitted-Evidence, ocular and documentary, on record showing that partner disputing liability had knowledge of suit--Application for permission to execute decree against such partner personally, in circumstances, allowed. Lal Chand v. Ghanaya Lal and another A I R 1930 Lah. 243; Jagatchandra Bhattacharya v. Gunny Hajee Ahmed A I R 1926 Cal. 271 and Natvar Lal Tribhovandas v. E. D. Sassoon & Co. Ltd. A I R 1927 Bom. 447 ref. JUDGMENT Money Suit filed by the plaintiff-decree holder (M/s. Ralli Brothers Ltd., Karachi) on 9-2-1962 against the defendant-Judgment-debtor (M/s. Sheikh Muhammad Din Abdur Rahman) under Order XXXVII, rule 2, C. P. C. was decreed ex parte on 1-10-1962 as it had failed to furnish security in pursuance of the order dated 2-4-1962. Present application was filed on 15-1-1965, by the decree-holder for grant of requisite permission under Order XXI, rule 50, C. P. C. to execute its decree against the four partners mentioned in this application personally. Mazhar Rehman did not oppose this request and he had filed no objections about his liability as a partner. Abdur Rahman filed his objections on 4-4-1966 but he did not dispute his liability as a partner. On 1-11-1965 Hafizur Rahman filed his objections disputing his liability as a partner of the defendant firm. When the matter came up for hearing on 4-4-66 an application was filed on his behalf for adjournment mainly on the ground that his counsel (Mr. Ihsanul Haq) had left Pakistan to perform. `Haj'. This request was refused by the learned Single Judge. By the same order, he granted the request made by the decree-holder under Order XXI, rule 50, C. P. C. The matter was taken to the Appellate Court by the 3 defendants namely Mazhar Rahman, Abdur Rahman and Hafizur Rahman (L. P. A. No. 236/66). By an order dated 21-12-1966, the appeal filed by Mazhar Rahman and Abdur…
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