Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S.22---Civil Procedure Code (V of 1908), O.XLI, R.20---Contract Act (IX of 1872), S.146---Partnership Act (IX of 1932), S.25---Appeal---Decree for recovery of loan amount passed jointly and severally against borrower firm, its two partners and mortgagor of mortgaged property---Appeal against decree by one partner without impleading borrower-firm, its second partner and mortgagor---Plea of appellant before Banking Court and Appellate Court was that he had ceased to be partner of borrower firm, thus, was not liable to discharge its financial obligations---Application by appellant to implead omitted defendants as pro forma respondents---Validity---Impugned decree was not divisible---Partner of a partnership firm would be liable for re-paying its debts---If appellant's claim was accepted, then mortgagor not being partner of firm would certainly be affected by such ---If impugned decree was affirmed, then mortgagor might have right before Executing Court to apply for attachment and sale of appellant's property before mortgaged property was put to auction---In alternative, mortgagor would have right to recover from appellant (in full) and from second partner (ratably) amount realized from sale of mortgaged property and applied towards satisfaction of decree---Second partner would be also affected, if impugned decree was affirmed as his liabilities as partner of firm would be increased without a chance to claim ratable contribution from appellant under 5.146 of Contract Act, 1872---Second partner and mortgagor had a valid interest in contesting appeal, thus, they were necessary parties---Failure of appellant to implead second partner and mortgagor within period of limitation rendered appeal as incompetent---High Court dismissed appeal along with such application. Mst. Murad Begum and others v. Muhammad Rafiq and others PLD 1974 SC 322; Mst. Magbool Begum and others v. Gullan and others PLD 1982 SC 46; Abdul Qadir and 5 others v. Muhammad Umar and others PLD 1987 Lah. 232; Muhammad Suleman v. Abdul Rashid and 13 others PLD 1987 Lah. 387; Sher Muhammad and 27 others v. Muhammad…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492