1

IN THE COURT OF SENIOR CIVIL JUDGE,

LAHORE.

KHALID AMIR AHMAD KHAN S/O AMIR AHMAD KHAN R/O

107-G MODEL TOWN LAHOE

PLAINTIFF
VERSUS

1.

CH. ZULFIQAR ALI S/O SUFI MUHAMMAD ANAYAT R/O

HOUSE NO 59, MAIN ROAD, PIR NASEER, POST
OFFICE HURBANSPURA, LAHORE CANTT.
DEFENDANT

SUIT FOR RENDITION OF ACCOUNTS WITH

DECLARATION, AND PERMANENT INJUNCTION
Respectfully Sheweth:-

1.

That the addresses of parties are sufficient for the

purposes of service of notices & summons.

2.

That the plaintiff and defendant are in business

relations

and

are

working

as

partners

under

partnership deed from 2nd May, 2008 with the name

and style of M/S ROYAL CONSTRUCTION COMPANY
situated at Room no 7-A, Tufail market, Tufail Road,
Lahore cantt.(Copy of Partnership deed is annexed as
ANNEXTURE-A)
3.

That according to above mentioned partnership

deed plaintiff and defendant have equal share ratio
in partnership with profit and loss i-e 50 % for each.

4.

That both partners i-e plaintiff and defendant opened

joint account in the name of Royal Construction
Company in Bank ALFALAH LIMITED with account no
0020-01034519 and another joint account in Meezan
Bank with account no. 0222-0100139313 in order to
run above mentioned business and in this regard to
receive payments and to pay profits etc to partners.

5.

That defendant was the employee of the plaintiff in

the year 2000 and plaintiff had old relationship with
the

defendant

therefore

when

plaintiff

started

working as partner with the defendant in May, 2008

and Defendant requested the plaintiff to give extra
share in profit to him in start because he is needy
and that he has to settle his own firm with the name
and style of Ali Awais Construction for this defendant

promised with the plaintiff that he will later in future

adjust/settle the extra taken amount/share. The
same fact is clearly evident from account details of
payments/withdrawn amounts of above mentioned
accounts of banks (i-e Alfalah & Meezan banks
accounts details) that defendant always taken extra
share instead of 50 % agreed as according to the
partnership deed. Some details of accounts are
annexed with details of date, cheque numbers and
amounts

taken

by

plaintiff

&

defendant.(Copy

annexed as ANNEXTURE-B).
6.

That on dated 7th October , 2013 plaintiff entered into

another partnership deed with the defendant and
another partner introduced by defendant named
Muhammad Usman with the name and style of ABM
Engineering and according to this partnership deed
defendant has responsibility to invest the amount
while plaintiff has responsibility for acquiring and
management of work/projects.

7.

That

when

plaintiff

acquired

first

work/project

defendant refused to invest the amount against his

liability according to the partnership deed, defendant
with mala fide intention and ulterior motive asked
the plaintiff to give him security cheque as he said
that he has apprehension that they will may suffer
loss in this work/project and defendant promised that
he will invest after getting security cheque and he

will return the cheque after completion of project.

Plaintiff cant judge malafide of defendant on that
time and gave him a security cheque of 50% amount
of project investment Rs.504000 of his own account
bearing cheque no.0141883 of Meezan Bank College
Road branch of account no 02220100096981 as
security cheque and not against any liability.
8.

That the work/project was not started by the

defendant because of his ill design and mala fide and
he delayed they project with malafide intention and
ulterior motive reisultantly the work/project was
cancelled, during this time the plaintiff asked the
defendant time and time again to return his cheque
but the defendant said that he has lost the cheque.

9.

That the plaintiff went from pillar to post and earth to

sky to settle the matter amicably but inspite of
sincere efforts, no fruitful results could be obtained.

10. That when plaintiff demanded to defendant about the

settlement/redention

of

accounts

and

for

the

payments of that extra taken amount/share the

defendant then threatens the plaintiff that he will
lodge criminal case against the plaintiff and flately
refused to pay hence this suit.
11. That the cause of action for filling this suit accrued
firstly on about 2nd May 2008 when plaintiff entered
into

partnership

through

partnership

deed

and

secondly when defendant took extra share/payments

and thirdly when

plaintiff entered into another

partnership through deed on dated: 7 th October ,

2013 and later when plaintiff handed over security
cheque to defendant and lastely

few days back

when defendant refused to pay the plaintiff and

threatens that he will lodge criminal case by using
the above said cheque against the plaintiff.
12. That the parties are residing at Lahore and cause of
action has also arisen at Lahore, therefore, Civil
Court Lahore has got jurisdiction to entertain and
adjudicate upon the matter.

PRAYER
It is respectfully prayed that this Honble Court
may be pleased to pass Judgment and Decree in
favoure of the Plaintiff and against the Defendant.
It is further prayed to pass a decree in favour of plaintiff and
against the defendant for the settlement/redention of
accounts

It is to further prayed to declare that the Cheque No.

0141883, amounting to Rs.504000/= Meezan Bank as
gurantee cheques, not transferable being negotiable
instrument which were not encashable nor presentable
in Bank and not against any liability or obligation but
has a guarantee till the full and final settlement of the
account.

3.

To declare that the threats and demands of

amounts of the defendant No. 2 & 3 are illegal,
unjustified and null and void.

4.

To grant permanent injunction against the

defendants thereby restraining the defendants, their
servant(s)

5.
6.

Costs of the suit.

Any other relief, which this Honble Court
deems fit and proper in the circumstances of the case.