KULDIP RAJ Vs. MEDICOS CHEMISTS AND DRUGGISTS

JUDGEMENT

(1.) THE respondents -plaintiff filed a suit for permanent prohibitory injunction before the trial court restraining the petitioner -defendant from evicting and dispossessing the respondents herein or interfering in any manner into the peaceful possession of the shop. The petitioner -defendant has filed the written statement taking objection therein that the respondents -plaintiffs have filed the suit alleging therein that they are a partnership firm duly registered with the Registrar of firms, therefore, the suit is not maintainable in view of the mandate of Section 69(2) of the Partnership Act as all the partners of the alleged firm are not registered with the Registrar of Firms. The Trial Court on the basis of the pleadings of the parties framed a preliminary issue, "Whether the suit of the plaintiff is not maintainable in the present form because the firm of the plaintiff is not registered in accordance with Law. OPD"

(2.) THE Trial Court relying upon the judgment of Delhi High Court reported in AIR 1982 page 482, decided the issue by the impugned order made on 28 -05 -1993 in favour of the respondents -plaintiffs holding the suit maintainable. The petitioner -defendant has challenged the order dated 28 -05 -1993 passed by the learned Sub -Judge (C.J.M.) Jammu in the revision petition on the grounds taken in the memorandum of revision petition,

(3.) I have heard the learned counsel for the parties and perused the record.