AMNABAI AND 15 Other vs ABDUL WAHID AND 6 Other — 1956 PLD 316

Citation: 1956 PLD 316

Court: Sindh High Court

Year: 1966

Decision Date: 1966-12-22

Parties: AMNABAI AND 15 Other vs ABDUL WAHID AND 6 Other

Headnotes

Case cited as PLD 1956 SC 316

Judgment Text

Court Name: Sindh High Court Judge(s): Kadir Nawaz S. Awan, H. T. Raymond Title: AMNABAI AND 15 Other vs ABDUL WAHID AND 6 Other Case No.: Letters Patent Appeal No. 49 of 1963 Date of Judgment:1966-12-22 Reported As: PLD 1976 Karachi 824 Result: Q. JUDGMENT JUDGMENT KADIR NAWAZ S. AWAN, J.-This is a Letter Patent Appeal against the judgment of a Single Judge, who by his order dated 1-6-63 had dismissed the objections filed by the contesting defendants in the execution proceedings. 2. Facts relevant for the disposal of this appeal are that Abdul Wahid (plaintiff-decree-holder) had filed his suit (No. 235/55) for rending of accounts, separation and delivery of his shares. His claim was disputed by the contesting defendants but ultimately the suit resulted into consent decree on 16-2-61. Two sums of Rs. 20 lacs each were paid by them to the plaintiff in terms of the consent decree but they refused to pay him the last instalment of Rs. 10 lacs for the only reason that he had failed to sign the income-tax returns and applications for renewal of firm's registration as provided under clause 12 of this consent decree. After long correspon--dence had ensued between the parties as the plaintiff had insisted upon the statement of accounts and balance-sheets be shown to him before he signed the above-stated returns and applications, the contesting defendants filed an applications on 6-10-61 under sections 47 and 151, C. P. C. Praying that the plaintiff be called upon by this Court to…

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