Dr. M. K. Sharma, J.

( 1 ) THE present revision petition is directed against the order dated 16. 1. 98 passed by the Additional District Judge in Suit No. 691/93 allowing the application filed by the plaintiff under Order 6 Rule 17 and dismissing the application of the defendant under order 7 Rule 11 of the Code of Civil Procedure. The respondent herein as plaintiff filed a suit for recovery of Rs. 1,52. 850. 00. The said suit was registered as Suit No. 691/93. The aforesaid suit was filed by the respondent-plaintiff claiming the respondent firm to be a registered partnership firm and the plaint was signed, verified and instituted by Shri Parshottam Garg claiming himself to be a registered partner of the respondent-plaintiff firm. The Summons were issued in the aforesaid suit on service of which the petitioners-defendants entered appearance and filed a written statement taking preliminary objection and contending, inter alia, that the suit is not legally competent as the plaintiff is an unregistered firm and, therefore, the suit is not maintainable in view of the provisions of Section 69 of the Partnership Act. In the replication also the plaintiff reiterated the stand that the pla

Click Here to Read the rest of this document