HINDUSTAN INFRASTRUCTURE CONSTRUCTION CORPORATION LIMITED & ANR Vs. R S WOODS INTERNATIONAL & ORS

JUDGEMENT

(1.) C.M. No.4277/2018 (for exemption)

(2.) The petitioners/defendants Nos.2 & 3 have filed an application under Order VII Rule 11 CPC for rejection of the plaint on the ground that the suit is barred under Section 69 (2) of the Indian Partnership Act, 1932 ('the Act').

(3.) By the impugned order, the learned ADJ dismissed the application of the petitioners by relying upon a judgment of the Kerala High Court in Afsal Baker vs. Maya Printers,2016 SCCOnLine(Ker) 29914. The Ld. ADJ held that "keeping in view the fact that the present case is also based on dishonoured cheque and not a contract between the parties, the application under Order 7 Rule 11 CPC is hereby dismissed inasmuch as the suit cannot be said to be not maintainable by virtue of provision of Section 69 (2) of the Indian Partnership Act. Ordered accordingly."