N.H.BHATT - (1.)This is an appeal by the original plaintiffs of the Civil Suit No. 21 of 1965 filed by them in the court of the Civil Judge (S.D.) Kutch at Bhuj for the purpose of realising Rs. 28 250 which suit was dismissed by the learned trial Judge with costs on the ground that the suit was filed by a firm which though required to be registered with the Registrar of Firms under sec. 59 of the Indian Partnership Act 1932 was not registered and as per sec. 69(1) of the said Act the suit was incompetent. It is this Judgment and decree that are assailed by the original plaintiffs by preferring the present appeal.
(2.)The suit. as filed was filed by the plaintiff No. 1 firm Shri Ghanshyam Vijav Oil Mills and by its two partners. The suit was for recovering the principal amount allegedly lying with the defendant firm as the amount of deposit which though demanded was not returned. The reading of the plaint shows that the cause of action had accrued to the plaintiffs somewhere in the year 1964-65 and they were entitled to the said amount on the basis of that cause of action of the year 1964.
(3.)The suit was resisted by the defendants who inter alia contended that the suit was not competent as it was filed by a firm which was not registered as required under the provisions of the Indian Partnership Act 1932