JUDGMENT :

K.R. Shriram, J.

1. Appellant is impugning an order dated 16.01.2021 passed by the Additional Judge, Small Cause Court, Pune, rejecting the plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC). The Trial Court came to a conclusion that Plaintiffs’ firm M/s. Gangotri Developers was not existing in the records of Registrar of partnership firms and Plaintiffs did not produce any document to show that Plaintiff No.1 and Plaintiff No.2 were mentioned as partners in the Register of Firms on the date the suit was filed, and hence the suit was barred under the provisions of Section 69 of the Indian Partnership Act, 1932.

2. Appeal was listed for admission today. Since the issue was short, i.e., could trial court summarily reject the plaint under Order VII Rule 11(d) of CPC on the ground of barred by law in force, with the consent of the counsel we decided to take up the Appeal for final hearing, at admission stage.

3 The law on the provisions of Order VII Rule 11 of CPC is quite settled. An application for rejection of plaint under Order VII Rule 11 of CPC can be entertained only if the plaint on the face of it discloses that the suit is barred by any law in force,