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2001 Supreme(Guj) 31

D.P.BUCH
MANIYAR SOLANKI – Appellant
Versus
SANGHI NATHALAL allarakhabhai – Respondent


Advocates Appeared: A.M.DAGLI, D.S.CHANDANANI, M.C.BHATT, M.P.PRAJAPATI, YOGESH S.LAKHANI

D. P. BUCH, J.

( 1 ) THIS is an appeal filed against the judgment and decree dated 5-11-1999 recorded by the learned 3rd Civil Judge (S. D.) at Rajkot in special Civil Suit No. 61 of 1999, under which the learned Judge dismissed the said suit of the appellant on the ground that the appellant-original plaintiff was not a duly registered partnership firm under the Partnership Act, 1932.

( 2 ) FEELING aggrieved by the said judgment and decree of the trial Court, the appellant has preferred this appeal before this Court. It has been mainly contended here that the judgment and decree of the trial Court are illegal, improper, unjust and without jurisdiction and against the provisions of law, against the legal settled position, circumstances, the evidence on record and against the authorities cited at bar and are unconstitutional and against the principles of natural justice. It has also been contended that the learned Judge, while passing the judgment and decree in question, has exceeded the jurisdiction vested in him. It is also submitted that the question which had arisen before the trial Court for consideration was whether any unregistered partnership firm can file a suit and whether s













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