LILAWATI-Judgment-Creditor vs ANWARUL ISLAM--Judgment-Debtor — 1971 PLD 25

Citation: 1971 PLD 25

Court: Sindh High Court

Year: 1970

Decision Date: 1970-01-20

Parties: LILAWATI-Judgment-Creditor vs ANWARUL ISLAM--Judgment-Debtor

Headnotes

Case cited as PLD 1971 Karachi 25

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: LILAWATI-Judgment-Creditor vs ANWARUL ISLAM--Judgment-Debtor Case No.: Suit No, 161 of 1967 and Execution No, 27 of 1969 Date of Judgment:1970-01-20 Reported As: PLD 1971 Karachi 25 Result: Orders accordingly Judgment ORDER This application under Order XXI, rule 58 read with sec-tion 151, C. P. C. arises out of an order dated the 15th of March 1969, by which all the shares held by the judgment-debtor in French Wine Stores Limited were ordered to be attached on an application under Order XXXIX, rules 1 and 2, C. P. C. and Order XXI, rule 43, C. P. C. filed by the decree-holder. 2. The facts giving rise to the present application may briefly be set out as follows :- The decree-holder was carrying on business in partnership with the judgment-debtor which partnership was eventually dissolved by a deed of dissolution dated the 3rd of September 1966. Under this deed, the decree-holder was to receive from the judgment debtor a sum of Rs, 19,000 and also to take over the assets and liabilities of the concern. However, the name of the partnership and the tenancy rights in the business premises continued to vest in the judgment- debtor. The decree-holder had received a cheque for the sum of Rs, 19,000 which cheque failed to be honoured by the Bank on presentation. In these circumstances the decree-holders filed Suit No, 161 of 1967 for the recovery of the sum of Rs, 19,C00 covered by the cheque in question. The suit…

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