INTERNATIONAL BUSINESS CORPORATION Vs. BHAGIRATH DOLKHERIA

JUDGEMENT

(1.) PRESENT Civil Revision Petition has been filed challenging order dated 17th January, 2008 by virtue of which respondent no. 1/plaintiffs suit has been held to be maintainable.

(2.) MR. R. K. Dhawan, learned Counsel for petitioner contended that the present suit was not maintainable in view of Section 69 (2) of Indian Partnership Act, 1932 (hereinafter referred to as ip Act") as well as Article 3 (b) of Uniform Customs and Practice for Documentary Credits (hereinafter referred to as UCP 500 ). I may mention that though the plea of territorial jurisdiction was urged by petitioner before trial court, but this ground was not urged before me.

(3.) MR. Dhawan submitted that present suit filed by respondent no. 1 was not maintainable as Shri Bhagirath Dolkheria was neither authorized by the partnership firm nor by its partners to file the present suit in his independent name. According to him, the suit was, therefore, barred by Section 69 (2) of the IP Act, which reads as under :-