FAIZULLAH KHAN Vs. MAULADAD KHAN

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:-