ASHISH BALVANTRAI JARIWALA Vs. ARIHANT CORPORATION

JUDGEMENT

(1.) PRESENT Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the petitioners herein � original defendant Nos.2 & 3 to quash and set aside the impugned order dated 02. 04.2012 passed below Exh.43 in Special Civil Suit No.85 of 2009 by which the learned trial Court has dismissed the said application preferred by the petitioners herein � original defendant Nos.2 & 3 in not dismissing the suit on preliminary issue No.2 that the suit is barred under Section 69 of the Indian Partnership Act (hereinafter referred to as "Act").

(2.) THAT the original plaintiff instituted the Special Civil Suit No.84 of 2009 against the petitioners herein � original defendant Nos.2 & 3 as well as original defendant No.1 who was one of the partners of plaintiff No.1 Arihant Corporation for a declaration and permanent injunction to declare that the sale deed executed by original defendant No.1 in favour of defendant Nos.2 & 3DATED 08.08.2006 is illegal and to set aside the same as well as for permanent injunction. In the said suit the petitioners herein original defendant Nos.2 & 3 submitted an application Exh.23 submitting that issue No.2 whether the suit is barred by Section 69 of the Act or not, be treated as a preliminary issue and to decide the same. On considering the reliefs sought in the suit, the learned trial Court has answered issue No.2 in negative and has held that considering the relief sought in the plaint it cannot be said that the suit is barred by Section 69 of the Act.

(3.) IN view of the above and for the reasons stated above, present Civil Revision Application fails and the same deserves to be dismissed and is, accordingly, dismissed.