1986 PLP 1370 (MLD)

Muhammad Shabbir Ghori for Defendants Nos.2, 4, 5 and

6. Iqbal Ahmed for Defendants Nos.7, 8 and

9. This is a suit for accounts and dissolving of partnership, which was entered into between he parties under a partnership deed, dated 19th September, 1961, and which commenced business in October, 1961 in the premises, shop No.130‑A, situated in Latif Cloth Market, formerly known as "Goverdhandass Market." The partnership continued upto 31st of December 1980 when, by consent of all the partners, the partnership had been dissolved. Now, accounts have to be taken, and, for this purpose, a Commissioner is to be appointed. The plaintiff has moved an application (C.M.A. No. 6152 of 1984), praying for the following (1) Appoint a Commissioner to take over from the defendants 1, 2, 4, 5 and 6 all books of accounts and other record of the partnership firm Messrs United Furnishing Co. of 130‑A, Latif Cloth Market, M.A. Jinnah Road, Karachi from its inception Take accounts of the partnership firm from the defendants Nos.1 to 6 from its inception up‑to‑date. Institute appropriate proceedings against the debtors of the partnership firm for recovery of the debts, which will be found outstanding against them. There are other applications filed by the plaintiff, including No. 6149 of 1984, in which the plaintiff has claimed that the premises in which the partnership business was carried on was acquire by him and Ismail, now deceased, through their own funds and cannot form a part of the pool of the partnership assets available for distributed amongst the partners. Parties have agreed that this is rather an ear stage for disposal of these contentions, because, unless the whole picture is before the Court, claims and Counter‑claims and controversies, whit would arise between the parties and would be time consuming, cannot be entertained and adjudicated. By consent of the parties, a Commission should be appointed, as prayed in the application C . M . A . No. 6152 of 1984, so that a better picture may emerge to project the respectiv contentions of the parties. The other applications to be considers after the preliminary report of the Commissioner. By consent of th parties, Mr. Syed Abbas Zia, Advocate of this Court, is appointed Commissioner to take accounts and gather all possible informatio regarding the assets and liabilities of the partnership. Mr. Syed Abbe Zia is directed to recover and collect the amount lying with the Unite Bank in the name of the firm and deposit the same with the Nazir E this Court to be invested in Khas Deposit Certificates, where the should remain invested till further orders. The parties would also supply full information regarding the assets to be recovered and realised fro third parties, and provide assistance to the Commissioner for recover of the dues from the debtors of the partnership. The Commissioner should seek further direction from the Court if any of the parties desire it or on his own accord. The parties should supply the account books and all other documents pertaining to the partnership. The Commissioner is authorized to record evidence of the parties and witnesses for a proper performance of his duties. Tentatively, a sum of Rs.5,000 should be deposited by the plaintiff which may be withdraw by the Commissioner before proceeding with his duties. The Commissioner should also notify to the parties what fee would be acceptable to him. The Commissioner should furnish his report within three months. A.A. Order accordingly