D LONIC INDIA PRIVATE LIMITED Vs. BHARDWAJ ENGINEERING

JUDGEMENT

(1.) Petitioner, who is defendant in the suit, has filed this revision petition, assailing the order dated 15.7.1995. The learned Civil Judge by the said order dated 15.7.1997 (hereinafter referred to as the 'impugned order') rejected petitioner's application under Order XIII Rule 2 Sub-rule (1) of the Code of Civil Procedure, for being permitted to place on record certain letters. By the impugned order another application filed by the petitioner under Order XIV Rule 4 Sub-rule (2) was allowed and an issue was framed as under :

(2.) The essential facts for disposal of this revision petition may be noticed in brief.

(3.) Notice in this revision petition was issued On 27.11.1995, confined to the application under Order XIV Rule 5, CPC. Learned Counsel for the petitioner has urged before me that the petitioner/defendant had duly taken the objection in the written statement, contending that the respondent firm was not a registered partnership firm and the suit had not been instituted by a registered and duly authorised partner. However, the Court did not frame any issue on this plea, as noticed above in para 2, when the issues were framed on 28.2.1990. Vide the impugned order the Court framed the issue but put the onus of proving the issue on the petitioner/defendant. '