ASHISH VERMA Vs. NEERAJ VYAS

JUDGEMENT

(1.) This civil revision has been preferred against the order dated 17.2.2011 passed by the Court of Civil Judge, Class-I, Shajapur, in Civil Suit No. 3A/2004, dismissing thereby application under Order 7 Rule 11 CPC.

(2.) Briefly stated relevant facts are that plaintiff No. 1 has instituted a suit mainly with allegations that the plaintiff and defendant/revisionist constituted a partnership firm in the name and style M/s Genius Computers, Shajapur with equal shares in it i.e. 50% each. An agreement to this effect was duly executed between them on 4.9.1999. Plaintiff cooperated in running of the said partnership business. After 25.5.2003, defendant No. 1 caused obstruction in the partnership business firm. Plaintiff, thereafter made a demand for accounts and further for half of his profits in the said partnership firm. Defendant No. 1 declined to make payment, hence the suit with following reliefs:-

(3.) In the written statement, it has been inter-alia stated that the said firm is an unregistered partnership firm and the suit in absence of registration of firm is not maintainable.