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2023 Supreme(Del) 3480

CHANDRA DHARI SINGH
Ankit Bansal – Appellant
Versus
S Paramjeet Singh Khurana – Respondent


Advocates appeared:
Mr. Vishal Ranjan and Mr. Sanjay Jha, Advocates, for the Petitioner.
Nemo, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC") has been filed on behalf of the petitioner/revisionist for challenging the validity, legality and correctness of the order dated 14th February, 2023 passed by learned District Judge (Commercial)-03, District Court, Saket, New Delhi in CS (COMM) No. 217 of 2020, by way of which the application of the petitioner filed under Order VII Rule 11 of the CPC has been dismissed along with cost.

2. The suit between the parties before the learned District Judge was filed by the respondent herein for recovery of a sum of Rs.88,30,310/- along with pendente lite and future interest @ 24% p.a. and permanent and mandatory injunction against the petitioner herein. In the said suit, the petitioner before this Court raised objections to its maintainability and thus, sought rejection of the plaint under Order VII Rule 11 of the CPC on the ground that the suit of the respondent herein was arising out of the partnership firm which was not registered with the Registrar of Firms and hence, attracts the provisions of Section 69 of the Indian Partnership Act, 1932 (h

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