SHOIB ULLAH Vs. BHARTESH CHANDRA JAIN

JUDGEMENT

(1.) This First appeal from order under Order 43, Rule 1(u) of C.P.C. has been preferred against the order dated 16-7-2002 passed by VIIth Additional District Judge, Allahabad in Civil Appeal No. 27 of 2001. The facts necessary for the disposal of this Appeal are as follows.

(2.) The respondent No. 1 filed the Suit No. 550 of 1998 in the Court of Civil Judge (Senior Division), Allahabad for the following reliefs :-

(3.) The present appellants contested the Suit. One of the pleas taken by them is that firm M/s. S.U. Builders is an unregistered firm and therefore, the Suit is barred under Section 69 of the Indian Partnership Act (hereinafter referred to as "the Act"). The Trial Court framed an issue on this plea and recorded finding on 19-2-2001 that the Suit is barred by Section 69 of the Act and therefore, dismissed the Suit. Aggrieved by that order the plaintiff-respondent No. 1 filed a Civil Appeal No. 27 of 2001 which has been allowed by the impugned order and wherein it has been held that the Suit is maintainable so far as the relief of accounting which is relief No. 1 in the plaint but is not maintainable for relief No. 2.