| Case ID |
2cb75439-630e-4bcc-9191-6d90a01ba64c |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 37 of 1962 |
| Decision Date |
Jul 12, 1967 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the decree-holder, M/s. Ralli Brothers Ltd., allowing them to execute their decree against the four partners of the defendant firm, M/s. Shaikh Muhammad Din Abdur Rahman. The judgment highlighted that the burden of proof lay with the plaintiff to establish Hafizur Rahman's status as a partner in the defendant firm. Evidence provided included documents signed by Hafizur Rahman and testimonies corroborating his involvement in the partnership. The court noted that objections raised by Hafizur Rahman denying his partnership were insufficient to counter the documentary evidence presented. Consequently, the application for permission to execute the decree was granted. |
| Summary |
This case revolves around a money suit filed by M/s. Ralli Brothers Ltd. against M/s. Shaikh Muhammad Din Abdur Rahman under the Civil Procedure Code. The main issue was whether Hafizur Rahman was a partner in the defendant firm, which would subject him to liability under the decree. Multiple documents, including letters of confirmation and pronotes, were produced to establish Hafizur Rahman's partnership. Despite his objections and denial of partnership, the court found the evidence compelling enough to allow the execution of the decree against all partners. The decision emphasizes the importance of documentary evidence in partnership disputes and underscores the procedural requirements under the Civil Procedure Code when executing decrees against firms. |
| Court |
Sindh High Court
|
| Entities Involved |
Abdur Rahman,
Ralli Brothers Ltd.,
Shaikh Muhammad Din Abdur Rahman,
Hafizur Rahman,
Mazhar Rahman
|
| Judges |
KADIR NAWAZ S. AWAN, J
|
| Lawyers |
Mr. Naimuddin,
Mr. Ihsanul Haq
|
| Petitioners |
MESSRS RALLI BROTHERS LTD.
|
| Respondents |
MESSRS Shaikh MUHAMMAD DIN ABDUL RAHMAN
|
| Citations |
1969 SLD 223,
1969 PLD 408
|
| Other Citations |
Niaz v. The State P L D 1960 S C 387,
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,
Natvar Lal Tribhovandas v. E. D. Sassoon & Co. Ltd. A I R 1927 Bom. 447
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order XXI, r. 50
|