JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Being aggrieved and dissatisfied with the order no. 58 dated 9th August 2019 passed in Title suit No. 1189 of 2015 by the learned Judge 3rd Bench City Civil Court at Calcutta, present application under article 227 of the constitution of the India has been preferred. By the self-same impugned order learned court below rejected petitioner/defendant’s applications under order VII rule 11 of the code of civil procedure (C.P.C) and allowed plaintiff/opposite parties application under order VI rule 17 C.P.C.

2. Petitioner contended that opposite party no 1 and 2 herein filed the aforesaid suit against the defendants including the present petitioner (Defendant no. 2) inter-alia for declaration and permanent injunction. In the said suit the petitioner herein filed an application under order VII rule 11 of the C.P.C seeking rejection of the plaint on 5th December 2017. In the said application the petitioner herein pleaded that the aforesaid suit filed by the plaintiffs is barred under section 69(1) and 69(2) of Indian Partnership Act 1932 as the defendant no. 1 of the suit i.e. the partnership firm is an unregistered firm and the plaintiffs no. 1, 2 & the