Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr. 2 & 3---Suit for recovery of amount on basis of dishonoured cheque---Placing on record by plaintiff photo copy of cheque instead of original---Failure of defendant to furnish surety in compliance of order granting leave to defend suit---Liability of suit amount not only admitted by defendant in his letter, but also not disputed during cross-examination of plaintiff---Defendant not volunteered for his cross-examination on affidavit filed in support of leave application---Effect---Plaintiff's claim stood established in circumstances--- Principles. Messrs M.A. Majeed Khan v. Karachi Water and Sewerage Board and others PLD 2002 Kar.315; Messrs Ahan Saz Contractors v. Pak Commercial Limited 1999 MLD 1781; Messrs Chowdhury Allah Bux Moula Bux v. Messrs Aijaz Moula Bux and another PLD 1973 Kar.468; Gulab v. Coast Lines and others 1994 CLC 2284; Messrs Combined Enterprises v. Water and Power Development Authority, Lahore PLD 1988 SC 39; Abdullah v. Shaukat 2001 SCMR 60 and Fayyazul Hasan v. Messrs National Feed (Pvt.) Ltd. 2001 MLD 1630 ref. (b) Partnership Act (IX of 1932)--- ----S.69---Proceedings in name of firm instituted by a partner---Objection regarding non-registration of firm and its locus standi to sue not raised by defendant--- Effect--- Such objection would be deemed to have been waived---Principles. Under section 69 of the Partnership Act, 1932, no suit to enforce a right arising from a contract can be instituted in any court by or on behalf of a firm against any third party, unless the firm is registered and the persons suing are or have been shown in Register of Firm as partners in the firm. It is an established position in law that a partner may file proceedings in the name of the firm. However, it is for the defendant to point out to the court any legal infirmity in the proceedings and if the objection is not raised as to non-registration of the firm and its locus standi to sue, the objection may well remain unnoticed by the court, escape its attention and may be deemed to have been waived. (c) Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr. 2 & 3---Partnership Act (IX of 1932),…

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