NEW ERA INDUSTRIES Vs. SONIA PAUL

JUDGEMENT

(1.) The petitioner is the plaintiff of the suit (suit no. 730/2014) which was instituted in 2007 against the respondent (defendant) for recovery of Rs. 1,16,032/- with interest, it statedly being the amount due for the goods sold. The petitioner (plaintiff) would describe itself as a partnership firm duly registered, Mr. Anil Khanna being a partner fully conversant with the facts and, therefore, competent to sue on behalf of the firm, the suit having been filed under his signatures. The copy of the written statement submitted by the defendant would show that besides other defences raised, the claim of the plaintiff about its status as a registered partnership firm and that of Mr. Anil Khanna as partner, entitled to sue, were contested.

(2.) The Trial Judge framed issues on 03.10.2009, one of the issues being for addressing the question as to whether the plaintiff is a registered partnership and whether the person who has signed and filed the plaint is a partner. The burden of proof was wrongly placed by order dated 03.10.2009 on the defendant. But, by subsequent order, suitable correction was made, the burden of proof being brought on the plaintiff.

(3.) Mr. Anil Khanna, the partner under whose signatures the suit was presented died in April, 2009 and, consequently the partnership underwent a change, a new partnership having been brought into existence on 01.05.2009, it being the consistent case of the plaintiff that the firm is duly registered.