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J. B. PARDIWALA, R. MAHADEVAN
Ashoka Group – Appellant
Versus
Hariram Buddhraja – Respondent
ORDER :
1. Leave granted.
2. This appeal arises from the Judgment and Order passed by the High Court of Madhya Pradesh at Jabalpur dated 23-7-2024 in First Appeal No.302/2013, by which the appeal filed by the appellant – herein (original plaintiff) came to be dismissed, thereby affirming the order passed by the 4th Additional District Judge, Jabalpur rejecting the plaint under Order VII Rule 11(d) of the Civil Procedure Code, 1908 on the ground that the Civil Suit instituted by the plaintiff is hit by Section 69(2) of the Indian Partnership Act.
3. The facts giving rise to this appeal may be summarized as under.
4. The appellant (herein) is one of the partners of a partnership firm (now registered).
5. The partnership firm is running in the name of `Ashoka Group’.
6. At the relevant point of time when the partnership firm was unregistered, it entered into an agreement of sale with the respondents (herein) (original defendants) with respect to the suit property.
7. As disputes arose between the parties, the plaintiff had to institute a suit for specific performance of contract based on the agreement of sale.
8. The defendants raised a preliminary issue as regards the maintainability of the
Rejection of plaint – If firm is not registered on the date of suit and suit is to enforce a right arising out of a contract with third party defendant in course of his business, then it will be open....
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
(1) Suit for enforcing right of avoidance of a document on the ground of fraud and misrepresentation as also statutory rights of seeking declaration and injunction can be filed by an unregistered par....
The main legal point established in the judgment is that a suit filed by an unregistered partnership firm under the Indian Partnership Act, 1932 is not maintainable and is inherently defective and no....
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
The non-registration of a partnership firm as required under Section 69(2) of the Indian Partnership Act, 1932 renders the suits filed by the unregistered firm non est in law, and subsequent registra....
A suit for specific performance can be maintained by a partner even if not registered, provided the firm is engaged in business dealings.
Unregistered Partnership Firm - No infirmity or perversity is found in impugned order whereby filing of first suit was treated as suffering from a ‘defect’ on account of non-registration of Partnersh....
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