BEGUM MEHRUNNISA vs NATIONAL BUILDING INDUSTRIES LID. KARACHI AND 2 — 1972 SCMR 102

Citation: 1972 SCMR 102

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: BEGUM MEHRUNNISA vs NATIONAL BUILDING INDUSTRIES LID. KARACHI AND 2 JUDGMENT

Headnotes

Case cited as 1972 SCMR 102

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title:BEGUM MEHRUNNISA vs NATIONAL BUILDING INDUSTRIES LID. KARACHI AND 2 JUDGMENT Reported As: 1972 SCMR 102 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave is from an order of the High "Court of Sind & Baluchistan, refusing the petitioner's application under Order 1, rule 10 of the Code of Civil Procedure. It appears that the petitioner and respondent No. 3 entered into partnership on 27-2-1952 for the purpose of purchasing lands and selling them and sharing the benefits arising out of such transactions. In the year 1968 respondent No. 3, by two contracts agreed to sell to respondents Nos. 1 and 2 28 acres of land out of 68 acres of land purchased by the said partnership firm. Disputes, however, arose between the two partners, and a suit for rendition of accounts was filed by the petitioner on 10-8-1970. A preliminary decree was passed and a Commissioner was appointed to take accounts. During the pendency of this suit respondents Nos. 1 and 2 filed a suit against respondent No. 3 alone for specific performance of the said two contracts. On 2-2-1971 the suit for specific performance of the contracts was compromised between the parties. On 24-5-1971 the peti--tioner applied under Order I, rule 10, C. P. C. For being impleaded as a party but the application was dismissed by a learned Single Judge of the High Court. The petitioner…

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