GANJI SUBBARAYUDU Vs. K SUDHARSHANA RAO

JUDGEMENT

(1.) THIS revision petition has been filed by the third defendant in OS no. 90 of 2005 on the file of the Additional senior Civil Judge, Kurnool.

(2.) THE suit was filed for specific performance of an agreement of sale executed by the third defendant. During the pendency of the suit, the third defendant filed IA No. 18 of 2007 under Order 8 Rule 9 and Section 151 of CPC praying the court to permit him to file additional written statement in the suit.

(3.) IN the said application, the revision petitioner-third defendant contended that respondents 1 and 2 filed the suit for specific performance of an agreement of sale said to have been executed by him. The first respondent was examined as PW1. During the cross-examination, it came to light that R-1 and R-2 are partners of partnership firm and their claim in the suit is as partners of a firm. The petitioner learnt that the firm of R-l and R-2 is not registered and he was not aware about it previously, therefore, he could not plead in the written statement that the suit is not maintainable as it was filed by the partners of an unregistered firm. The respondents 1 and 2 have to prove that their firm is registered for maintaining the suit, therefore, he requested permission to file additional written statement taking a plea about the maintainability of the suit for want of registration of the firm.