| Case ID |
f8b7b590-4404-4e6d-a1e1-590eb6bdc521 |
| Body |
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| Case Number |
Judicial Miscellaneous No. 50 of 2005 in Suit No.1 |
| Decision Date |
Sep 16, 2014 |
| Hearing Date |
|
| Decision |
The court dismissed the applications under section 12(2) of the Civil Procedure Code, stating that the applicants were not partners of the firm at the time the impugned orders were passed. The applicants had claimed that their retirement from the partnership was fraudulent and that they were entitled to challenge the withdrawal of Suit No.1124 of 1997. However, the court found that the applicants had voluntarily retired from the partnership and thus had no standing to contest the orders. The court emphasized the necessity of a conclusive determination of rights before an application under section 12(2) could be entertained. It was held that the applicants failed to provide sufficient evidence to support their claims of fraud or misrepresentation, and their applications were therefore barred by limitation as well. The ruling reinforced the importance of proper documentation and the presumption of truth attached to the Registrar's records regarding partnership status. |
| Summary |
This case revolves around the partnership disputes and the legality of withdrawals of suits filed by the partnership. The applicants, Muhammad Younus and another, claimed that they were wrongfully removed from the partnership and that their withdrawal was fraudulent. They filed applications under section 12(2) of the Civil Procedure Code to set aside previous orders regarding the withdrawal of their suits. The court scrutinized the circumstances surrounding their retirement, the documents submitted, and the evidence of fraud. Ultimately, the court ruled against the applicants based on the validity of the Registrar's records and the absence of any conclusive proof of fraud. This case highlights the complexities of partnership laws and the significance of maintaining accurate records and documentation in legal proceedings. Keywords: partnership disputes, fraudulent withdrawal, Civil Procedure Code, Sindh High Court, legal documentation, court decisions. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Municipal Corporation,
Defence Housing Authority,
Messrs Beach Developers,
Messrs Al-Kehkashan (Pvt.) Ltd.
|
| Judges |
NADEEM AKHTAR, J
|
| Lawyers |
Akhtar Hussain,
Masaud Ghani,
H.A. Rahmani,
Mirza Sarfaraz Ahmed,
Faisal Siddiqui,
Ijaz Khattak,
Abdul Qadir Leghari,
Abid S. Zuberi,
Zia-ud-Din Ahmed Junejo,
Muhammad Idrees Alvi
|
| Petitioners |
another,
MUHAMMAD YOUNUS
|
| Respondents |
others,
VENUE GURDAS ADVANI
|
| Citations |
2015 SLD 1475 = 2015 CLD 390
|
| Other Citations |
Mrs. Afroz Shah and others v. Sabir Qureshi and others, PLD 2010 SC 913,
Abdul Razzaq v. Muhammad Islam and 3 others 1999 SCMR 1714,
Moulana Atta-ur-Rehman v. Al-Hajj Sardar Umar Farooq and others PLD 2008 SC 663,
Agha Ghazanfar Ali v. Shaukat Ali and others 1997 SCMR 1006,
Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue, Punjab and others PLD 2003 SC 979,
Abdur Rehman Khan v. Muhammad Altaf and 3 others 1997 CLC 1260,
Messrs Dadabhoy Cement Industries Limited and others v. Messrs National Development Finance Corporation 2002 CLC 166,
Mumtaz Bibi and others v. Ghulam Akbar PLD 1995 Pesh. 81
|
| Laws Involved |
Partnership Act (IX of 1932),
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
68,
12(2),
42
|