| Case ID |
2c13814a-c7c7-4cb1-9fa2-ab4645179390 |
| Body |
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| Case Number |
Banking Suit No.B-49 and C.M.As. Nos.582, 864, 929 |
| Decision Date |
Apr 23, 2007 |
| Hearing Date |
|
| Decision |
The court allowed the plaintiff's application to amend the plaint by substituting the name of the plaintiff for that of its partners. The defendants' application for rejection of the plaint was disposed of with an observation that a preliminary issue regarding the maintainability of the suit would be framed at the time of issue framing. The court highlighted the legal precedent allowing partners of an unregistered firm to be substituted in a suit, thus leaving the question of the firm's ability to file against third parties open for further determination. Ad interim orders were issued to maintain the status quo. |
| Summary |
In this case, the Sindh High Court dealt with the issue of whether an unregistered firm can maintain a suit against third parties. The plaintiff, an unregistered firm, filed a suit which was challenged by the defendants on the basis that the suit was barred under the Partnership Act. The court allowed the amendment of the plaint to substitute the name of the plaintiff with its partners, referencing prior case law that supported the ability of unregistered firms to proceed under certain circumstances. The decision emphasizes the importance of legal representation and the complexities involved in partnership law, particularly in financial recovery cases. This case serves as a significant reference for similar cases where the status of unregistered firms is questioned in legal proceedings, highlighting ongoing discussions in the legal community regarding the rights of partners in unregistered firms. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM, J
|
| Lawyers |
Saalim Salam Ansari for Plaintiff,
Ms. Samia Durrani for Defendants Nos.1 and 2,
Tahawar Ali Khan for Defendant No. 3
|
| Petitioners |
Messrs Karachi High Court UNIQUE EXPRESS through Managing Partner
|
| Respondents |
2 others,
Messrs KASB BANK LIMITED
|
| Citations |
2007 SLD 2865 = 2007 CLD 1017
|
| Other Citations |
Ardeshir Cowasjee v. KBACA PLD 2003 Kar.314,
Abdul Hamid v. Riaz Brothers Commission Agents 1986 CLC 242,
Aslam Awan v. Ras Tariq Chaudhary 1985 CLC 2514
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Partnership Act (IX of 1932),
Civil Procedure Code (V of 1908)
|
| Sections |
S.9,
S.69(2),
O. VII, R.11
|