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SANDIPKUMAR C. MORE
Usman Khan Rashid Khan Pathan – Appellant
Versus
Vishal Plot Vikrikendre, Bhagidari Sanstha Tarfe – Respondent
JUDGMENT :
Sandipkumar C. More, J.
1. An exception is taken to the order passed by learned 3rd Civil Judge, Senior Division Dhule, i.e. the learned trial Court on 29.06.2022 below (Exh.15) in Special Civil Suit No. 150 of 2022, by the present applicant, who is defendant in the aforesaid suit. Under the impugned order, the application (Exh.15) filed by the applicant/defendant under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint has been rejected.
2. The present respondent i.e. original plaintiff has filed the aforesaid suit for specific performance of agreement to sale. It is contended that in the year 1988, the applicant as well as Ashrafbi Rshid Khan Pathan had decided to sell the suit property mentioned in the plaint to the erstwhile partner of respondent/plaintiff Firm. The defendant had agreed to sale the suit property for consideration of Rs. 2,07,000/- under the agreement of the sale and certain part of the said consideration was also paid by Chandrakant Kele vide cheque bearing No. 607008. The defendant applied for necessary permission for change of user of the land and to sell the same in favour of Chandrakant Kele. Thereafter, on 01.12.2021 a fresh a
A suit for specific performance can be maintained by a partner even if not registered, provided the firm is engaged in business dealings.
A suit for specific performance cannot be maintained by partners of a dissolved firm; and claims are barred under Section 69 of the Indian Partnership Act and the Limitation Act.
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
The main legal point established in the judgment is that a suit filed by an unregistered partnership firm under the Indian Partnership Act, 1932 is not maintainable and is inherently defective and no....
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
Rejection of plaint under O VII R 11 CPC permits fresh suit via R 13; partnership firm acquires cause of action for specific performance if contract rights contributed as capital with firm funds; lim....
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
(1) Suit for enforcing right of avoidance of a document on the ground of fraud and misrepresentation as also statutory rights of seeking declaration and injunction can be filed by an unregistered par....
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