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DELHI HIGH COURT
JYOTI SINGH
Himland Housing Pvt. Ltd. – Appellant
Versus
Ombir Panwar & Co. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the registration of the partnership (Para 6 , 7 , 9) |
| 3. court's reasoning on the application under order 7 rule 11 (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. final decision to dismiss the revision petition (Para 18) |
JUDGMENT
Jyoti Singh, J. (Oral)--This revision petition assails the order/judgment dated 06.09.2022 passed by the learned Trial Court, whereby an application filed by the Petitioner herein under Order 7 Rule 11 read with Section 151 CPC has been dismissed. Petitioner herein is Defendant No. 1 before the Trial Court while Respondent is the Plaintiff and the parties are referred to hereinafter by their litigating status before the Trial Court.
2. The narrative of facts to the extent relevant for deciding the present petition and shorn of unnecessary details is that, Plaintiff runs its business in the name and style of `M/s. Ombir Panwar & Co.'. The suit was filed by the Plaintiff through Mr. Ombir Singh Panwar, one of its partners, for recovery of Rs.14.50 lakhs, against Defendant No.1 therein/Petitioner herein and other Defendants.
3. The case of the Plaintiff as se
A partnership firm not registered under Section 69 of the Partnership Act cannot have its plaint dismissed under Order 7 Rule 11 until trial issues are resolved.
The exceptions under Section 69(3)(a) of the Indian Partnership Act, 1932, apply to suits seeking rendition of accounts between partners after the dissolution of a firm.
The main legal point established in the judgment is the scope of revisional powers under Section 115 of the CPC and the principles of rejection of plaint under Order VII Rule 11 of the CPC.
A suit cannot be instituted by an unregistered partnership firm, as per Section 69 of the Indian Partnership Act, rendering such suits barred by law.
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
The Court emphasized that on an application under Order VII Rule 11 CPC, only the contents of the plaint are to be considered, and the alleged violation of statutory law cannot be determined without ....
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
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