Mst. SAJIDA SULTANA AND ANOTHER vs MESSRS EASTERN TRADERS AND 3 — 1956 PLD 150

Citation: 1956 PLD 150

Court: Sindh High Court

Year: 1970

Decision Date: 1970-03-31

Parties: Mst. SAJIDA SULTANA AND ANOTHER vs MESSRS EASTERN TRADERS AND 3 OTHERS

Headnotes

Case cited as PLD 1956 Kar. 150

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:Mst. SAJIDA SULTANA AND ANOTHER vs MESSRS EASTERN TRADERS AND 3 OTHERS Case No.: Suit No, 163 of 1969 Date of Judgment:1970-03-31 Reported As: PLD 1971 Karachi 109 Result: Order accordingly Judgment ORDER This is a suit for accounts. The two plaintiffs in the suit are the sole legal heirs of Abdul Waheed deceased (hereafter called the deceased) and the first plaintiff is his widow, whilst the second plaintiff is his minor child. The defendants have not yet filed their written statement, but instead they have filed an application under Order XXIII, rule 3, C. P. C. that the above noted suit may very kindly be deemed to have been adjusted wholly by lawful agreement/compromise dated 29-5- 1969 (Annexure "Z") which has been duly executed, accepted and acted upon by the parties and a decree be passed in terms of the said compromise with costs to the defendants. This application has now come up for hearing. 2. The facts material to this application are as follows: The deceased was the son of Ch. Ghulam Nabi and by a partnership deed dated the 1st April 1964, the said Ch. Ghulam Nabi and his two sons, namely the deceased and the second defendant in this suit, had entered into a partnership under the name and style of Eastern Traders Registered. The deceased died on 4th May 1967, and by a deed of dissolution dated the 8th May 1967, which is Annexure X to the second defendant's counter-affidavit, this firm of Eastern Traders…

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