VILAS SHRIRAM MAHALLE Vs. RAJDHANIPRASAD RAHINPRASAD TIWARI

JUDGEMENT

(1.) THIS Civil Revision Application has been filed against the order dated 8th September, 2000, passed by the Joint Civil Judge, (Jr. Dn.), Kamptee, rejecting the applicant/plaintiffs' application for permission to withdraw the suit with leave to file a fresh suit on the same cause of action.

(2.) THE applicants' case is that the parties to the suit carry on business as partners in the firm name and style of M/s National Security Services as per a deed of partnership dated 4th April, 1997. The applicants filed this suit on 9th march, 2000 inter alia for a declaration that the said firm is a partnership firm, for a decree of permanent injunction restraining the defendants from using the firm name as a proprietary concern, and from carrying on business similar to that of the partnership firm and for an order directing the defendants to produce the books of accounts duly audited and to pay the applicants their share of profits in the firm.

(3.) ADMITTEDLY, when the suit was filed the firm was not registered under section 59 of the Indian Partnership Act, 1932 (hereinafter referred to as the said act ). The application for registration was made on 31st August, 1997. The firm was however registered only on 28th April, 2000 i. e. after the suit was filed. Realising that the defect arising as a result of the non-registration of the firm on the date on which the suit was filed may lead to a dismissal of the suit in view of the provisions of section 69 of the Act as amended by the Indian partnership (Maharashtra Amendment) Act, 1984 which inserted section 69-A in the said Act, the plaintiff filed the said application for permission to withdraw the suit with leave to file a fresh suit on the same cause of action. A fresh suit would not be barred by the provisions of section 69 of the Act, as the firm had thereafter been registered on 28th April, 2000.