TAPAS HAZRA AND ORS. Vs. SUBIR MULLICK

JUDGEMENT

(1.) THE instant petition is directed against the order being No. 21 dated 10th March, 2014 passed by the Learned Civil Judge (Junior Division), 6th Court, Howrah in connection with Title Suit No. 37 of 2013.

(2.) THE petitioners' case is that during the pendency of the suit the petitioners as defendants filed an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure and under Section 69 of The Indian Partnership Act for rejection of the plaint.

(3.) IT is contended on behalf of the petitioners that the opposite party and the petitioner No. 1 being the defendant No. 1 were the partners of partnership firm under the name and style of "M/s. Wing Guard Nursing Home" which carries on the business of a nursing home situated at the suit premises and as such, plaintiff has no legal right to file the suit to enforce his right arising from a contract against any third party unless the firm is registered and the person suing has been shown in the Register of firms as partner in the firm as mentioned under Section 69 of the Partnership Act.