JUDGMENT :

Virender Singh, J.

Appellant i.e. M/s Apex Marketing, has filed the present Letters Patent Appeal, under Clause 10 of the Letters Patent Act, as applicable to the High Court of Himachal Pradesh, against the order dated 28.05.2015, passed by the learned Single Judge, of this Court, in OMP No. 49 of 2014, in Civil Suit No. 43 of 2011.

2. By way of the order dated 28.05.2015 (hereinafter referred to as ‘the impugned order’) the learned Single Judge has dismissed the application under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’). It is pertinent to mention here that vide order dated 28.05.2015, learned Single Judge has disposed of OMPs No.4 & 49 of 2014.

3. The parties to the appeal, are, hereinafter, referred to, in the same manner, in which, they were referred to, by the learned Single Judge.

4. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:-

4.1. The plaintiff i.e. M/s P.A. Times Industries, had filed Civil Suit No. 43 of 2011, for recovery of Rs. 15,49,770/-, alongwith interest, against the defendant. The said suit had been filed on the ground that the plaintiff is a partnership