RITA STEEL REGISTERED FIRM Vs. JAINUDDIN

JUDGEMENT

(1.) RULE. Heard finally with the consent of the parties.

(2.) ALL that has the trial Court ordered was to allow the plaintiff firm to file the certificate of registration of the firm and some other documents including the original power of attorney and Bank statements. The defendants objected to the filing of the Certificate of Registration of firm on the ground that under section 69 (2) of the Indian Partnership Act, 1932, there is a complete bar to file the certificate of registration at later stage. The trial Court took the view, based on a reported judgment in (Kantilal Chandmal Dhanmandi Ratlam v. Gopal Lal) (1996)I C. L. T. 488 that the certificate of registration cannot be filed at the later stage. It is this order which is challenged in this Civil Revision Application.

(3.) IT is nobodys case that the said registration certificate is being filed at a hopelessly late stage and its filing would prejudice the other side because it seems that a statement is made in the plaint that the firm is registered under the Indian Partnership Act and that the suit is being filed on behalf of such registered firm. Ordinarily, therefore, there should be no difficulty in allowing the said certificate to be filed at later stage; provided the said filing of certificate would not prejudice the other side, if allowed to be filed at later stage.