Suit institute by unregistered partnership firm against third party taken on file - duty of civil judge to carefully scrutinize plaint before numbering.

Citation

CDJ 2017 MHC 5105

S.Thiagarajan vs Supreme pipe syndicate and others

Head Note

Constitution of India – Article 227 – Code of Civil Procedure – Order 7, Rule 11 – Indian Partnership Act – Section 69(2) – Indian Penal Code – Section 109, Section 143, Section 341, Section 395, Section 427, Section 457 – Strike off plaint – Petitioner sought to strike off plaint in suit on file of Trial Court –

Court held – This case being filed by person claiming himself as partner of Plaintiff firm without iota of document to show his right or interest in said firm – Coupled with legal bar in entertaining suit by unregistered firm, plaint is bound to be struck off – Plaint in suit filed before Trial Court is struck off for reason that suit filed by unregistered partnership firm against third party is barred under Section 69(2) of Act – Petition allowed.

(Paras 23, 24, 25)

Cases Referred:
M/s.Raptakos Brett & Co.Ltd., vs. Ganesh Propertyreported in AIR 1998 SC 3085
M/s.Haldiram Bhujiawala and another vs. Anand Kumar Deepak Kumar and another reported in AIR 2000 SC 1287
A.Sreedevi vs. Vicharapu Ramakrishna Gowd reported in 2005 (5) CTC 748]

Comparative Citations:
2017 (3) LW 953, 2017 (6) CTC 723, 2018 (1) CivCC 775,