JUDGMENT

Debangsu Basak, J. - In a suit amongst the partners of a partnership firm, the defendant No. 1 has applied for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2. Learned Senior Advocate appearing for the defendant No. 1 has submitted, that the suit is barred under Section 69(1) of the Partnership Act, 1932. He has contended that, two criteria are required to be fulfilled under Section 69(1) of the Act of 1932 for it to be attracted. Firstly, the plaintiffs must have sued as partners of the partnership firm. The defendants have also to be sued as partners of such firm. Secondly, the suit has to be for the enforcement of the rights arising from the contract of partnership.

3. Referring to the pleadings in the plaint, learned senior advocate appearing for the defendant No. 1 has submitted that, the plaint discloses that the plaintiffs have filed the suit as partners of the partnership firm of Md.Sirajuddin& Company. Therefore, the first criterion under Section 69(1) of the Act of 1932 has been satisfied. The second criteriaalso stands satisfied according to him,as the plaint has been for the enforcement of alleged rights arising from the p