SWATANTER KUMAR, C. J. :- In the case of Ujawalaben Mahindra Shah and another vs. Kesharchand Gulabchand and others, 2002(1) Mh.L.J. 378 = 2001 (Supp. 2) Bom.C.R. 778, learned single Judge of this Court at Aurangabad Bench took the view that objection with regard to maintainability of a suit, on the plea that the plaintiff, a partnership firm, was not a registered partnership firm and thus the suit was hit by the provisions of section 69 of the Partnership Act, 1932, was not a pure question of law and thus could not be tried and decided as a preliminary issue. In this case, the objections of the defendants in the suit was that there was no firm in the plaintiff's name registered with the Registrar of Firms at the time of filing of the suit and a firm with the name of "M/s Kesharchand Gulabchand Munot" was in existence and subsequent to the filing of the suit, the plaintiff had approached the Registrar of Firms for deletion of the name "Munot" from the firm's name. Thus, the suit was not maintainable and the trial Court ought to have taken note of the fact and decided it as a preliminary issue. On the pleadings of the parties in that suit, the following issue was framed.

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