JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. N.C. Das, learned senior counsel assisted by Mr. M. Borah, learned counsel for the petitioner and Mr. S. Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel for the respondent.

2. The instant Appeal under Section 100 of the Code of Civil Procedure 1908 is directed against the judgment and decree dated 18.08.2007 passed by the Court of the District Judge, Dibrugarh in Title Appeal No. 1/2007, whereby the Appeal was dismissed thereby upholding the judgment and decree dated 12.12.2006 passed by the Court of the learned Civil Judge, Dibrugarh in Title Suit No. 27/1997.

3. The instant Appeal was admitted on 17.12.2007 by formulating the following substantial question of law in terms with Section 100 (4) of the Code:

“Whether the suit filed by the present respondents are maintainable in view of the provision contained under Section 69(2) of the Partnership Act, 1932, the respondents being the partners of an unregistered partnership firm?”

4. For the purpose of deciding the said question of law, it is relevant to take note of the brief facts of the case. For the sake of convenience, the parties here are referred to in the same stat