CPC 1908 § Appendix A, Form 49 — PARTNERSHIP

Statutory text (English)

(Title)
A. B., the above-named plaintiff, states as follows:—
1. He and C.D., the defendant have been for years [or months] past carrying on
business together under articles of partnership in writing [ or under a deed, or under a verbal
agreement].
2. Several disputes and differences have arisen between the plaintiff and defendant as such
partners whereby it has become impossible to carry on the business in partnership with advantage to
the partners. [Or the defendant has committed the following breaches of the partnership articles:—

(1)

(2)

(3)
[As in paras. 4 and 5 of Form No. 1]
5. The plaintiff claims—

(1) dissolution of the partnership ;

(2) that accounts be taken ;

(3) that a receiver be appointed.
(N. B.— In suits for the winding-up of any partnership, omit the claim for dissolution; and instead
insert a paragraph stating the facts of the partnership having been dissolved).

(4) Written Statements
General Defenses
Denial.— The defendant denies that (set out facts).
The defendant does not admit that (set out facts).
The defendant admits that but says that
Protest.— The defendant denies that he is a partner in the defendant firm of
The defendant denies that he made the contract alleged or any contract with the plaintiff.
The defendant denies that he contracted with the plaintiff as alleged or at all.
The defendant admits assets but not the plaintiff’s claim.
The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any
of them.
Limitation.— The suit is barred by article or article of the Second Schedule to the 1[Limitation
Act, 1908 (IX of 1908)].
Jurisdiction.— The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
On the day of a diamond ring was delivered by the defendant to and
accepted by the plaintiff in discharge of the alleged cause of action.
Insolvency.— The defendant has been adjudged an insolvent.
The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue
vested in the receiver.
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Sch.
Minority.— The defendant was a minor at the time of making the alleged contract.
Payment into Court.— The defendant as to the whole claim (or as to Rs., part of the
money claimed, (or as the case may be) hasp aid into Court Rs. and
says that this sum is enough to satisfy the plaintiff's claim [ or the part
aforesaid].
Performance remitted.— The performance of the promise alleged was remitted on the (Date).
Rescission.— The contract was rescinded by agreement between the plaintiff and defendant.
Res Judicata.— The plaintiff's claim is barred by the decree in suit (give the reference).
Estoppel.— The plaintiff is estopped from denying the truth of (insert statements as to which estoppel
is claimed) because (here state the facts relied on as creating the estoppel).
Ground of defense subsequent to institution of suit.— Since the institution of the suit, that is to
say, on the day of
(set out facts).

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix A, Form 49 (Appendix A (PLEADINGS)): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Appendices A-H statutory forms, pp. 185-318; printed FOURTH/FIFTH Schedule stubs omitted/repealed), p. 211, 212, 213, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 211, 212, 213) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription;…

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