1992 PLP 1543 (MLD)

‑‑‑‑S.46‑‑‑Suit for recovery of amount from partnership business‑‑‑Plaint had duly been verified on oath by plaintiff and plaintiff had also filed affidavit as ex parte proof alongwith original agreements according to which plaintiff had paid disputed amount to defendants‑‑‑Suit was accordingly decreed with interest and cost of suit was also granted to plaintiff. Javed Raza for Plaintiff. S.H. Kizilbash for Defendants. Date of hearing: 20th October, 1991. This is a suit for recovery of Rs.300,

000. As per averments made in the plaint,` Defendants Nos.2 and 3 have been carrying on business under the name and style of Haji Abdul Majeed and Company defendant No.1 and Defendants Nos.2, 3 and 4 were entrusted to collect money from various persons promising them monthly profits thereon. Defendant No.4 informed the plaintiff that the defendant No.1 have been exporting Garments and are dealing in the business of Sale and Purchase of Land and Cars. Defendant No.2 also informed the plaintiff that he is also the Chairman of Asif Brothers (Pvt.) Limited who had purchased a Plot of Land situated on Bunder Roan for more than a crore on which he intends to raise construction. In view of the said incentive offered by the defendant, on (sic) the plaintiff paid a total sum of Rs.300,000 to Defendant No.2 in cash vide two agreements dated 9‑9‑1987 for Rs.60,000 and dated 20‑9‑1987 for Rs.40,000 respectively, agreement dated 15‑10‑1987 for Rs.50,000 argeement on ‑7‑1`1‑1987 for Rs.1,50,000 for investment in the business of the defendant No.1 and executed an agreement with defendant No.2 who executed in his capacity as partner of defendant No.1. In terms of the said agreement, the defendant agreed to pay 40% profit per annum to the plaintiff on the said investment made by him. Pursuant to the said agreement defendants made payment of profit for few months where after they refused to make payment of any profit and even refused to return principal amount of Rs.300,000 invested by the plaintiff in spite of repeated demands. The plaintiff has also averred that the defendants have been trying to dispose of their property as per Annexure `A' to the plaint with a view to defeat the claim of the plaintiff. All the defendants except defendant No.5 have been duly served. Defendants Nos. 1 to 4 were ordered ex parte. On 13‑1011.991 the plaintiff filed a statement in writing praying for withdrawal of his claim against defendant No.5 on the basis of which an order was passed allowing withdrawal of the claim in the suit against defendant No.5. The plaint has been duly verified on oath by the plaintiff and the plaintiff has also filed affidavit of ex parte proof alongwith original agreements dated 9‑9‑1987, 20‑9‑1987, 15‑10‑1987 and 7‑11‑1987. I accordingly pass a decree for Rs.300,000 against the defendants Nos. 1 to 4 together with interest at the rate of 14% per annum, grant injunction as prayed in clause 17(c) and also pass order of attachment of properties listed in Annexure `A' and `B' to the plaint. I further grant cost of the suit to the plaintiff. H.B.T./S‑861/K Suit decreed.