K.N. Phaneendra, J.

The appellants who are the plaintiffs before the Trial Court in O.S. No. 8357/2008 have called in question the order passed by the Trial Court in rejecting their plaint and allowing the application filed under Order 7, Rule 11 (a) and (d) of CPC by the defendants, on the ground that the suit is not maintainable as the plaintiffs-Partnership Firm is not registered under the Indian Partnership Act. Secondly, the plaintiffs have no cause of action for filing the suit.

2. Before adverting to the rival contentions and submissions made by the learned counsels, it is just and necessary to have the brief factual matrix which are virtually admitted by both the parties particularly, with reference to the previous legal proceedings taken place between the parties.

3. The plaintiffs-claim is that they have entered into an agreement of sale dated 13.6.1984 for purchase of immoveable property and filed a suit for specific performance to enforce the said agreement in O.S. No. 2495/1987 on 12.6.1987. After due contest, the said suit came to be decreed on 21.2.1997. Aggrieved by the said judgment and decree, the defendants have preferred an appeal in R.F.A. No. 306/1997.