| Case ID |
0a35cdd3-2b7a-4f9c-a0b3-5aa20f5f36e6 |
| Body |
View case body. Login to View |
| Case Number |
C.MA. No. 6979 of 1986 (in Suit No. 815 of 1977) |
| Decision Date |
Jan 15, 1987 |
| Hearing Date |
|
| Decision |
The court ruled that the suit for dissolution of partnership and rendition of accounts was allowed to be withdrawn unconditionally by the plaintiffs. It was highlighted that withdrawal is an absolute right of the plaintiff and cannot be compelled by the court. The court noted that no preliminary decree had been passed, and thus the withdrawal was permissible. The applications from the defendant for transposing and for judgment based on admissions were dismissed, as the court found no sufficient grounds for such actions. The plaintiff's right to withdraw was affirmed, and the suit was dismissed as withdrawn with no orders as to costs. |
| Summary |
This case centers around the withdrawal of a suit for the dissolution of a partnership and the issues surrounding the rights of the plaintiffs to withdraw their case. The Sindh High Court, presided over by Justice Tanzil-ur-Rahman, emphasized the absolute right of the plaintiffs to withdraw their suit at any time, provided no preliminary decree had been passed. The decision referenced previous case law to support the ruling, particularly focusing on the implications of interim orders and the inherent powers of the court. The court also addressed applications made by the defendants to transpose parties and to seek judgment based on admissions, ultimately dismissing these applications due to lack of merit. The ruling clarifies important procedural aspects of civil litigation, particularly regarding the rights of plaintiffs under the Civil Procedure Code and the implications of the Partnership Act. Key legal principles discussed include the withdrawal of suits, the conditions under which a suit can be dismissed as withdrawn, and the procedural rights of defendants in such cases. Overall, the court's decision reinforces the autonomy of plaintiffs in civil proceedings and delineates the boundaries of judicial intervention in matters of withdrawal. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
TANZIL-UR-RAHMAN, J
|
| Lawyers |
Shafaat Hussain,
Khurshid Anwar Sheikh,
Arif Hussain
|
| Petitioners |
Mst. AMINA PAREKH and others
|
| Respondents |
AHMED PAREKH and others
|
| Citations |
1992 SLD 1124,
1992 CLC 2492
|
| Other Citations |
Mumtaz Ali v. Pakistan PLD 1971 Lah. 395,
Sirajuddin v. Umtul Rauf PLD 1977 Kar. 933,
Ahmed Rashid Khan v. Mst. Zubeda 1984 CLC 2851
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Partnership Act (IX of 1932)
|
| Sections |
O.XXIII, R.1,
O.1, R.10,
S.151,
S.29(2)
|