SHRIPAD TULJARAM BANWARI Vs. JAYSHREE BABALAL KACHI

JUDGEMENT

(1.) This civil revision application is filed by defendant nos. 1 to 3 to challenge the order passed by the trial court rejecting their application under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC"). The grounds of objection for rejection of the plaint were threefold. Firstly, on the ground that the plaint does not disclose a cause of action, secondly, the suit is not properly valued, and thirdly,

(2.) Learned counsel for the applicants relies upon the decision of the Apex Court in the case of Rajendra Bajoria and Others vs. Hemant Kumar Jalan and Others ,2021 SCC OnLine SC 764. to support his submissions that the suit filed by the legal heirs of the original partners would not be maintainable. He relies upon paragraph 18 of the judgment. Learned counsel for the applicants submits that the Apex Court held that partners do not have any right, title, or interest in the assets and properties of a firm so long as the firm is carrying on business. Hence, the heirs of some of the partners cannot maintain any claim in respect of the assets and properties of the firm. He submits that the Apex Court accordingly rejected the plaint with a prayer for declaration of co-ownership of the assets and properties of the partnership firm on the ground that the suit was not maintainable.

(3.) To support his submissions, learned counsel for the applicant also relies upon the decision of this court in the case of M/s. Mutha Industries, A Partnership firm and Others vs. Mrs. Meena Milind Bhansali and Others[CRA-139-2021 dt. 13/10/2021]. He submits that this court also rejected the plaint as barred in law for having no cause of action in respect of the partnership firm and its properties.