suit by Unregistered Partnership - suit for enforce right of respondent as a partner arising out of contract of partnership against other partner maintenable.

Citation 

(2022) 3 MLJ 386 

LNINDORD 2022 MAD 641

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Present:

Hon'ble Mr. Justice S.S. Sundar CR.P.PD. No. 1304 of 2019 and C.M.P. No. 8523 of 2019

18th February, 2022

S. Sri Sagana

Versus

K. Padmavathi

Civil Procedure - Rejection of plaint - Suit by unregistered Firm - Code of Civil Procedure, 1908, Order 7 Rule 11 Partnership Act, 1932, Section 69 - Trial Court dismissed petition filed by Petitioner/Defendant under Order 7 Rule 11 to reject plaint on ground that suit was barred by law under Section 69(2) of Act, hence this revision - Whether plaint in suit liable to be rejected under Order 7 Rule 11 of Code as Partnership Firm was unregistered Firm - 

Held, though petition filed by Petitioner before Lower Court was under Section 69(2) of Act, provision that was attracted was only Section 69(1) of Act It was evident From Section 69(1) of Act that suit to enforce right arising from contract or conferred by Act, could not be instituted in any Court by or on behalf of any person as partner in Firm against Firm or any person alleged to be or to had been partner in Firm, was maintainable unless Firm was registered and persons who was/were shown with Registrar of Firms as

MLJ-28-04-2022

Postal Page No. 62