AFSAL BAKER Vs. MAYA PRINTERS

JUDGEMENT

(1.) The order dated 25.09.2015 passed in O.S No.783 of 2013 of Principal Munsiff's Court, Ernakulam, is under challenge in this C.R.P, by the defendant in the suit. The suit was one for recovery of money on dishonoured cheques. The defendant raised a contention regarding the maintainability of the suit, which was considered as a preliminary issue. The said contention was negatived by the impugned order.

(2.) The first plaintiff is a partnership firm. Plaintiffs 2 to 5 are its partners. For payment of amounts due from the defendants to the plaintiff in connection with the business of printing and allied services of the plaintiffs, the defendant issued four cheques in favour of the first plaintiff firm in discharge of the liabilities. The cheques were dishonoured and hence the suit was laid for recovery of the amounts due thereunder. The defendant filed a written statement contending that the first plaintiff is an unregistered partnership firm and that the suit is not maintainable under Section 69 (2) of the Partnership Act.

(3.) The issue regarding maintainability of the suit was considered as a preliminary issue. The learned Munsiff, relying on the decision reported in Arecanut Stores v Ramakrishnan and Sons (1974 KLT 828 Kerala) and Haldiram Bhujiawala v A.K.Deepak (2000 (3) SCC 250 : 2000 KHC 479) concluded that since the suit is on a dishonoured cheque, the bar under Section 69(2) of the Indian Partnership Act will not apply. Accordingly, it was held that the suit is maintainable.