POPULAR FILMS Vs. NALINI SAIGAL

JUDGEMENT

(1.) THIS suit has been filed under order 37 of the Civil Procedure Code by Popular Film, a partnership firm carrying on business at, Madan Street; Calcutta against the eight defendants for recovery of a sum of Rs. 1,92,713. 04 several promissory notes. The promissory notes were executed by one Shantilal Sigel. The defendants are the legal heirs and representatives of the said Shantilal Sigel who died on 15th September, 1975. The defendants have filed written statement and one preliminary point has been taken that the plaintiff firm is not a registered partnership firm ; hence the plaintiff is not entitled to institute this suit against the defendants. Over and above the said preliminary point, various other points have been taken in the written statement denying and disputing the liability of the defendants or the said deceased Shantilal Saigal to the plaintiff in respect of the said promissory notes. The parties agreed that a preliminary issue be raised and the suit be tried on the preliminary issue first hence the question arises for determination as to whether the suit is maintainable in view of the fact that, according to the defendants, the plaintiff is not a registered partnership firm.

(2.) MR. Ajit Panja appeared on behalf of the plaintiff and submitted that from the certificate of the registration it would appeal that the firm was established on 1st July, 1974 and thereafter on the 10th March, 1976 the plaintiff applied for registration with the Registrar of Firms From the certificate given by the Registrar of Firms it would appear that under the column date of filing on registration' there is an endorsement 10. 3. 76, 17. 10. 78; hence from the extract of the register it would show that the firm has been duly registered; so the suit is maintainable by the plaintiff against the defendants, the suit was filed on 14th September, 1976.

(3.) MR. Ajit Panja, first of all, submitted that his client has done whatever it could do under the Partnership Act, that is, by applying to the Registrar of Firms arid by handing it over the Registrar of Firms, the particulars. Save and except doing the same the plaintiff is under no obligation to do anything further. The Act of registration of the firm and/or posting of the name of the firms in the register is the ministerial act of the Registrar. Hence if there has been any delaying in doing same the plaintiff cannot be penalised for the wrongful act on the part of the Registrar.