JUDGMENT - Desai S.K. J.-The suit today has been placed on board for determi-nation of the preliminary issues.

2. The suit is filed by Gandhi Company, described as a partnership firm registered under the Indian Partnership Act and carrying on business at 90/92, Kazi Syed Street, Bombay-400 003 BR. In para one of the plaint it is, inter alia, stated that the plaintiffs are a partnership firm registered under the Indian Partnership Act. It is stated further that they, inter alia, carry on business of supply of silica, sand, dolomite limestone and other minerals.

3. In para. 7 of the plaint it is stated that there was a talk between one Rasikbhai Gandhi, described as a partner of the plaintiffs, and one Shri Dhirubhai Boda, who was connected with the defendants company. It is Rasiklal Narottamdas Gandhi who* has signed the plaint on behalf of the plaintiffs firm and also verified the same. In the verification clause the con- tents of para. 7 of the plaint have been declared as true to the knowledge of the said Rasiklal Narrottamdas Gandhi.

4. The plaint in the suit was lodged on December 11, 1972 although the onder directing it to be taken on file was passed subsequently on January 10, 1

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