JUDGMENT :

Biren Vaishnav, J.

1. This first appeal has been filed by the original plaintiff under Section 96 of the Code of Civil Procedure challenging the legality and validity of the order passed by the learned 7th Additional Senior Civil Judge, Bhavnagar below Ex. 14 in Summary Suit No. 11 of 2014. By an order dated 15.12.2015, the learned Civil Judge has entertained the defendant’s application under Order 7 Rule 11 (a) of the Code of Civil Procedure and dismissed the summary suit on the ground that the suit was barred by Section 69 of the Indian Partnership Act, 1932 (‘The partnership Act’ for short).

2. Facts in brief are as under:

2.1 It was the case of the plaintiff – appellant that during the course of business transactions, since the year 2009, with the opponents, for the year 2009-10 the defendant – opponents had made payments of Rs.1,18,18,142/- against a total outstanding of Rs.1,44,12,937/-. Therefore, Rs.25,94,795/- were outstanding. Similarly for the year 2010-11, during the course of business transactions when the defendants had ordered goods amounting to Rs.7,85,52,604/- from the appellants and the goods were delivered to them, after a lot of dilly dallying, the oppone