Judgment

GUPTA, J.- The two appellants and the six respondents were partners of a firm called "Shivraj Fine Art Litho Works". The appellants as plaintiffs instituted Civil Suit No. 9 of 1974 in the Court of the Senior Civil Judge, Nagpur, for dissolution of the partnership and accounts. The reliefs asked for included a declaration that the firm stood dissolved on and from January 9, 1974. It appears that thereafter the original defendants who are the respondents before us were transposed as plaintiffs and the appellants who were originally the plaintiffs were transferred to the category of defendants. The transposed defendants raised an objection that the court had no jurisdiction to entertain the suit in view of the provisions of Part X of the Companies Act, 1956. The trial Court rejected the application. The defendants then moved the Bombay High Court, Nagpur Bench, in revision. The High Court having dismissed the revision petition the present appeal has been filed with special leave granted by this Court.

2. It is argued on behalf of the appellants that as Part X of the Companies Act, 1956 contains special provisions for the winding up of unregistered companies, which expression a