(1.) THIS suit has been filed under order 37 of the Civil Procedure Code by Popular Film, a partnership firm carrying on business at, Madan Street; Calcutta against the eight defendants for recovery of a sum of Rs. 1,92,713.04 several promissory notes. The promissory notes were executed by one Shantilal Sigel. The defendants are the legal heirs and representatives of the said Shantilal Sigel who died on 15th September, 1975. The defendants have filed written statement and one preliminary point has been taken that the plaintiff firm is not a registered partnership firm ; hence the plaintiff is not entitled to institute this suit against the defendants. Over and above the said preliminary point, various other points have been taken in the written statement denying and disputing the liability of the defendants or the said deceased Shantilal Saigal to the plaintiff in respect of the said promissory notes. The parties agreed that a preliminary issue be raised and the suit be tried on the preliminary issue first hence the question arises for determination as to whether the suit is maintainable in view of the fact that, according to the defendants, the plaintiff is not a register