JUDGMENT

Manmohan, J. (Oral) - Present appeal has been filed challenging the order dated 18th November, 2022 passed by the learned District Judge, (Commercial Court), Tis Hazari Courts, Delhi in CS(COMM) No.79/2020.

2. Since despite service of notice, none appeared for the respondents, they were proceeded ex parte on 28th August, 2023. It is pertinent to mention that even before the Trial Court, the respondents were proceeded ex parte. Consequently, this Court has no other option but to proceed ahead with the matter.

3. Learned counsel for the appellant states the Trial Court has dismissed the suit filed by the appellant under Section 69(2) of the Partnership Act, 1932 (hereinafter referred to as the 'Act') based on an incorrect conclusion that the subsequent registration of the partnership firm would not cure the initial defect of filing of the suit by an unregistered firm.

4. He contends that the Trial Court failed to appreciate that the appellant was duly registered with the Registrar of Firms, Delhi vide Certificate No.FIRM/WEST/2018/1534 of 2018 dated 26th December, 2018 and the suit in the present instance was filed on 03rd February, 2020 i.e. after the registration of the appell