LAWS(MAD)-2022-2-101

S.SRI SAGANA Vs. K.PADMAVATHI

Decided On February 18, 2022
S.Sri Sagana Appellant
V/S
K.PADMAVATHI Respondents

JUDGEMENT

(1.) The revision petitioner / defendant has preferred the above Civil Revision Petition against the order dtd. 21/12/2018 made in IA.No.727/2018 in OS.No.99/2018 on the file of the learned District Munsiff, Palladam dismissing the petition filed under Order 7 Rule 11 of CPC to reject the plaint.

(2.) The respondent filed the Suit in O.S.No.99/2018 for permanent injunction restraining the defendant or her authorised persons from interfering with her right to enter the partnership firm or looking after the administration as a partner holding 50% shares in the partnership firm and from evicting the plaintiff otherwise than due process of law. Contending that the Partnership Firm at hand is an unregistered Firm, the Revision Petitioner/defendant filed an application in IA.No.727/2018 under Order 7 Rule 11 of CPC, in the above mentioned suit praying for rejection of plaint as the suit is barred by law under Sec. 69[2] of the Partnership Act, 1932.

(3.) The said application filed by the revision petitioner/defendant was dismissed by the Trial Court. Aggrieved by the same, the above Civil Revision Petition is preferred.