FAIZULLAH KHAN Vs. MAULADAD KHAN
LAWS(BOM)-1929-3-19
HIGH COURT OF BOMBAY
Decided on March 13,1929

FAIZULLAH KHAN Appellant
VERSUS
MAULADAD KHAN Respondents

JUDGEMENT

- (1.) This is a consolidated appeal from an order dated May 7, 1925, in the Court of the Judicial Commissioner of the North-West Frontier Province, Peshawar, which set aside a decree of the Honorary Subordinate Judge of Dera Iamail Khan dated March 24, 1924.
(2.) Stated generally, the case between the parties had reference to the rendering of accounts and the settlement of the sums due thereon in connection with a partnership of a firm of contractors for supply and transport and military works. The partnership is now dissolved.
(3.) In the suit, brought on March 29, 1923, Faizullah Khan and Sherdad Khan, plaintiffs and appellants, valued their suit at Rs. 3,000 for the purpose of Court fees, and asked for a rendering of accounts and a decree for Rs. 3,000 with the statement "if more than Re, 3,000 be found due to the plaintiffs they will pay an additional Court fee." In his pleas Mauladad Khan, the first defendant, asked for a decree in his own favour for Rs. 29,000, and he challenged the shares as given by the plaint tiffs and asked for dismissal of their suit. As stated in the appellant case:- 6. The suit was tried by the Honorary Subordinate Judge, First Class, Dera Ismail Khan, who on October 22, 1923, passed a preliminary decree determining the respective shares of the parties in the partnership, and ordering accounts to be taken according to fche directions given by him. There was no appeal against this decree which has therefore become binding on the parties,;


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