LAWS(SC)-2022-1-100

SHIV DEVELOPERS Vs. AKSHARAY DEVELOPERS

Decided On January 31, 2022
Shiv Developers Appellant
V/S
Aksharay Developers Respondents

JUDGEMENT

(1.) The relevant factual matrix and background...........................

(2.) This appeal, by the plaintiff of a suit for declaration and injunction, is directed against the judgment and order dated 15/02/2018, as passed by the High Court of Gujarat (For short, 'the High Court'), in Civil Revision Application No. 241 of 2017, whereby the High Court has allowed the revision application filed by the contesting defendants (respondent Nos. 1 to 3 herein) and has reversed the order dated 07/04/2017, as passed by the Court of 9th Additional Senior Civil Judge, Vadodara (For short, 'the Trial Court') in Special Civil Suit No. 333 of 2015.

(3.) We may take note of the factual matrix and the background aspects of the matter, so far relevant for the question calling for determination in this matter, i.e., as to whether the subject suit, filed by an unregistered partnership firm, is covered by the bar created by Sec. 69(2) of the Act of 1932?