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DIVYESH A. JOSHI
PATHIK UDAYAN BHATT – Appellant
Versus
SHAKTI INFOTECH – Respondent
JUDGMENT :
(DIVYESH A. JOSHI, J.)
1. This Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 is arising out of the order 04.09.2019 passed by the learned 2nd Additional Civil Judge & Judicial Magistrate, First Class, Vadodara, whereby the application submitted by the applicant-original defendant under Order VII Rule 11 of the Civil Procedure Code, 1908 (for short ‘CPC’) in the suit filed by the Respondents-original plaintiffs came to be rejected.
2. The facts emanating from the captioned Civil Revision Application are that the respondent No.1 herein is the partnership firm engaged in the business of sale of Cheque Book Printing Software/CTS Software as also working in the field of Annual Maintenance Contract of the said Softwares by way of AMC, and the respondent Nos.2 to 3 are its partners, who preferred the Regular Civil Suit No.600 of 2016 against the applicant herein, seeking declaration and permanent injunction against the use of Cheque Book Printing Softwares CTS Softwares, wherein they have claimed that the present applicant was earlier working and assisting in the respondent No.1-Partnership Firm as the Software Developer till 17.01.2016.
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.
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
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.
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.
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.
Partnership continues despite a partner's death if stipulated in the partnership deed; heirs must formally reconstitute the partnership for legal continuity. High Court retains review jurisdiction un....
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