SIPAI ENERGY LTD. Vs. KIRTI SERVICE STATION

JUDGEMENT

(1.) The second defendant in O.S. No. 6732/2016 on the file of the LVI Additional City Civil and Sessions Judge, Bengaluru [CCH-57] (for short, 'Civil Court') has filed this revision petition impugning the order dtd. 5/4/2017 whereby, the petitioner's application [I.A. No. 4] under Order VII, Rule 11[d] of the Code of Civil Procedure, 1908 [for short 'the CPC'] is rejected.

(2.) The first respondent-plaintiff (hereafter referred to as 'the Firm') has filed the suit in O.S. No. 6732/2016 for decree of specific performance with a direction to the second respondent and the petitioner to execute a registered lease deed for a period of eleven years ten months effective from the date of such registration asserting inter alia that it is entitled for such decree in terms of the registered Lease Deed dtd. 10/11/2004. The Firm has also sought for declaration that the registered Lease Deed dtd. 1/8/2016 executed by the second respondent in favour of the petitioner-is void ab initio and not binding on it.

(3.) The petitioner, who has filed written statement contesting the suit, has also filed I.A. No. 4 under Order VII, Rule 11[d] of the CPC for rejection of the plaint asserting that the suit is barred by law. The petitioner has asserted in support of this application that the Firm is not registered as required under the provisions of Sec. 58 of the Indian Partnership Act, 1932 [for short 'the Act'] and because the partnership deed is not registered, the suit would be barred under Sec. 69 of the Act. It is also contended by the petitioner that the partners now mentioned in the plaint as representing the Firm were not partners as of the date of the cause of action and therefore, the suit filed by the present partners representing the Firm would not be maintainable in law and therefore barred by law.