JAGMAL SINGH Vs. KARNEL SINGH

JUDGEMENT

(1.) By filing this appeal a challenge has been made to the judgment dtd. 10/1/2019 passed by the Court of learned Additional District Judge, Khetri, District Jhunjhunu [for short 'the First Appellate Court'] in Civil Misc. Appeal No. 01/2013 by which the judgment and decree dtd. 23/11/2012 passed by the Court of Civil Judge (Senior Division), Khetri [for short 'the learned trial Court'] in suit No. 26/2012, has been quashed and set aside and the matter was remanded to the learned court below to decide the suit in accordance with law.

(2.) Skeleton facts of the case are that the plaintiff-respondent Karnel Singh filed a civil suit for permanent injunction against the defendant-appellant and other defendants-respondents before the learned trial Court with the averments that a partnership deed was executed on 27/5/2005 between the plaintiff and the defendant for getting works from defendant-Hindustan Copper Limited in the name and style of M/s. Jagmal Singh, on certain terms and conditions. It was also stated in the plaint that some dispute occurred between the parties, hence, the plaintiff filed a civil suit against the defendants for permanent injunction for restraining them not to operate the bank accounts of the firm for personal use. The other reliefs were also sought.

(3.) The plaintiff-appellant submitted an application under Order 7 Rule 11 CPC before the learned trial Court and took an objection about the maintainability of the suit in terms of Sec. 69(2) of the Indian Partnership Act, 1932 (for short "the Act of 1932) by saying that the partnership deed executed between the parties, but the same was not registered. Hence, in terms of Sec. 69(2) of the Act of 1932, the suit is not maintainable.