RAGHAVA REDDY & ASSOCIATES Vs. PEOPLE CHARITY FUND

JUDGEMENT

(1.) The appellants who are the plaintiffs before the Trial Court in O.S. No. 8357/2008 have called in question the order passed by the Trial Court in rejecting their plaint and allowing the application filed under Order 7, Rule 11 (a) and (d) of CPC by the defendants, on the ground that the suit is not maintainable as the plaintiffs-Partnership Firm is not registered under the Indian Partnership Act. Secondly, the plaintiffs have no cause of action for filing the suit.

(2.) Before adverting to the rival contentions and submissions made by the learned counsels, it is just and necessary to have the brief factual matrix which are virtually admitted by both the parties particularly, with reference to the previous legal proceedings taken place between the parties.

(3.) The plaintiffs-claim is that they have entered into an agreement of sale dated 13.6.1984 for purchase of immoveable property and filed a suit for specific performance to enforce the said agreement in O.S. No. 2495/1987 on 12.6.1987. After due contest, the said suit came to be decreed on 21.2.1997. Aggrieved by the said judgment and decree, the defendants have preferred an appeal in R.F.A. No. 306/1997. The defendants/appellants in the said appeal have taken up the contention by way of amendment to the written statement that the suit itself is not maintainable as the suit has been filed by an un-registered partnership firm. Having allowed the said application for amendment, this court has referred the issue for the consideration of the Trial Court keeping the RFA pending. The Trial Court while considering the said issue has come to the conclusion that the suit is not maintainable in view of the non-registration of the partnership firm under Section 69(2) of the Indian Partnership Act. As per the said findings given by the Trial Court, this court has concurred with the opinion and allowed RFA and consequently dismissed the suit of the plaintiff vide judgment dated 13.6.2008. Being aggrieved by the said judgment, passed by this court, the plaintiffs herein have preferred SLP CA before the Supreme Court in C.A. No. 5122/2009. During the pendency of the said appeal before the Hon'ble Apex Court, the Hon'ble Apex Court has directed both the parties to maintain status quo and thereafter dismissed the said appeal on 25.10.2016.