JUDGMENT - SHAH P.S., J.: - This is an appeal preferred by the original plaintiffs against the judgment and order dated March 22, 1983, passed by the learned Single Judge in Suit No. 17 of 1973 dismissing the suit on the preliminary ground that the suit is not maintainable for non-compliance of the provisions of section 69, sub-section (2) of the Indian Partnership Act, 1932. The facts in so far as they are material are not in dispute. In the plaint the appellants are described as a partnership firm registered under the Indian Partnership Act and carrying on business at 90/92, Kazi Syed Street, Bombay 3. In the plaint it is further averred that the plaintiffs are a partnership firm registered under the Indian Partnership Act and that they carry on the business of supply of silica sand, dolomite limestone and other minerals. In para 7 of the plaint it is stated that there was a talk in relation to the suit contract between Rasiklal Narottam Gandhi, a partner of the plaintiffs-firm and one Dhirubhai Boda who was connected with the respondent company. The plaint is signed by Rasiklal Gandhi on behalf of the appellants firm. He has also verified the plaint as a partner of the plaintiff

Click Here to Read the rest of this document