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1991 Supreme(Del) 348

A.D.SINGH
KAVITA TREHAN – Appellant
Versus
BALSARA HYGIENE PRODUCTS LIMITED – Respondent


Advocates Appeared:
A.K.GANGULY, I.S.MATHUR, S.C.GUPTA

ANIL DEV SINGH, J.

( 1 ) TWO questions arise in this suit. The first one being whether the suit is liable to;be dismissed in view of Section 69 of the Indian Partnersilip Act, partnership being un-registered on the date of filing of the suit and in case the suit is to be dismissed, the second question would, be whether the parties are to be relegated to be original situationprevailing on March 27. 1989, the date the suit was and an ex-parte order granted permittiag the plaiatiffs. agents to sell the goods defendant principal. In order to appreciate these questions, it will be necessary to recount the relevant facts.

( 2 ) THE plaintiffs instituted the present suit against defendant in the court of senior Sub Judge, Chandigarh. In this suit, the plaintiffs, defendant seek a declaration that they being clearing and forwarding agents of defendant have lien over the goods of the latter which were lying in their possession account of their outstanding outstanding commission. Apart from this, the plaintiffs claim a decree restraining the defendants from interfering in any manner in disposing of the stocks of the defendant lying in their possession. . . In the plaint, it is averred that t




























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