SOORAJMULL NAGARMULL Vs. DALHOUSIE PROPERTIES LTD

JUDGEMENT

(1.) This instant application has been filed on behalf of the defendant No. 1 for dismissal of the suit.

(2.) The application filed by the defendant/petitioner for the above relief is in the nature of an application under Order 7 Rule 11 of the Code of Civil Procedure. It has been submitted on behalf of the defendant/petitioner that the plaintiff/respondent, being an unregistered partnership firm, is not entitled to file the suit in its own name by reason of the specific statutory bar contained in section 69(2) of the Partnership Act. 1932. It is also submitted on behalf of the defendant/petitioner that the reliefs as claimed in the suit arise out of a contract and are necessarily for the enforcement of a right arising out of a contract, therefore, the bar of section 69(2) of the Partnership Act squarely applies in the instant case.

(3.) In order to appreciate the respective contentions made on behalf of the parties, it would be proper at this stage to examine the reliefs as claimed in the suit. For the sake of convenience, the prayers claimed in the suit are set out as under: