SANJAY KUMAR JAIN Vs. THIR NARAYAN SINGH
HIGH COURT OF GAUHATI
SANJAY KUMAR JAIN
Thir Narayan Singh
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KALYAN RAI SURANA, J. -
(1.) Heard Mr. O.P. Bhati, the learned advocate for the petitioners and Mr. N.N. Jha, the learned advocate for the respondents.
(2.) The respondents No.1 to 4 are the plaintiffs in T.S. No. 212/2017, where the petitioners are arrayed as the defendants No.1 and 2. The said suit was filed for ejection and for realization of arrear rent, pendente lite and future rent, etc. In the said suit, the petitioners had filed an application under Order VII Rule 11(d) read with section 151 CPC for rejection of plaint, being Misc. (J) Case No. 266/2018, inter-alia, on the ground that the respondent No.4 herein was an unregistered partnership firm for which the suit was barred under Section 69(2) of the Partnership Act, 1932. The said application was rejected by the learned Court of Munsiff No.1, Kamrup (M), Guwahati (hereinafter referred to as the "trial Court") by the order impugned herein. Hence, by filing this application under Article 227 of the Constitution of India, the petitioners have challenged the order dt.14.09.2018, passed by the learned trial Court in Misc.(J) Case No. 266/18 arising in T.S. No. 212/2017.
(3.) With the consent of the learned advocates for both the sides, the matter was heard at length in the motion stage.;
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