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CH. NAZIR AHMED versus ALI AHMED


A. VIII, R11 Partnership Act (I32 of 1932), section 69 (1) of the Special Relief Act (I of 1877), sections 12, 39 and 42 of the suit for specific performance, cancellation of documents and the rejection of an unregistered registered firm In view of the bar contained in section 69 (1) of the Partnership Act 1932, the case was registered on the basis of the unregistered partnership deed and the trial court, while the Plaintiffs raised by the plaintiff were rejected. Applying the provisions of 11 CPC, the trial court was not entitled to look at the defense grounds raised by the defendants in their written statement. According to his show, the plaintiff was a partner with the defendants in a firm that was unregistered and all such facts could be gathered from the plaintiff's contents. The defendant, in section 69 of the Partnership Act, 1932, was fully attracted to the facts and circumstances of the High Court, without looking at any other document, including the statement filed by the bar. Exercise of jurisdiction over appeal, interference with trial court's order denied Appeal dismissed

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