V SUBRAMANIAM Vs. RAJESH RAGHUVANDRA RAO

JUDGEMENT

(1.) This appeal by special leave has been filed against the impugned judgment of the Bombay High Court dated 27.9.2000 in Civil Reference No. 19 of 1999.

(2.) Heard learned counsel for the parties and perused the record.

(3.) This appeal arises out of a suit filed before the Bombay City Civil Court instituted by the appellant praying inter alia for dissolution of an unregistered partnership firm between the appellant and the respondent. In that suit a defence taken was that the suit was not maintainable in view of subsection (2A) of Section 69 of the Indian Partnership Act, 1932 (hereinafter referred to as 'the Act'). The Bombay City Civil Court was of the view that the said sub-section (2A), which was introduced by the Maharashtra Amendment to Section 69 of the Act, being the Maharashtra Act No. 29 of 1984 (which received assent of the President of India) was unconstitutional being violative of Articles 14 and 19 (1)(g) of the Constitution of India. Hence the Bombay City Civil Court by order dated 16.8.1999 made a reference to the High Court under Section 113 of C.P.C.