SAIKAT DEY Vs. DUKHIRAM PAUL AND ORS.

JUDGEMENT

(1.) Leave is granted to the learned advocate-on-record of the appellant to remove the defect as notified by the Stamp Reporter, here and now.

(2.) The plaintiff being a partner of the partnership firm being carried on under the name and style of "Amar Pure Oil Mill" filed a suit against his partners praying for declaration of his absolute right, title and interest in respect of the suit property. He claims that he is the managing partner of the said partnership firm and the other partners are all sleeping partners.

(3.) The defendants filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is barred under the provision of Section 69(2) of the Partnership Act, 1932 as partnership firm is not a registered firm. As a matter of fact, rejection of plaint was prayed for as per the provision contained in Section 69(2) of the Partnership Act.