MAHENDRA UTTAMRAO KADAM Vs. KACCHI PROPERTIES

JUDGEMENT

(1.) HEARD. Rule. By consent of the parties, petitions are taken up for final disposal at the admission stage.

(2.) THE facts involved in all these petitions are common, the issue involved is identical, so all the petitions can be disposed of by this common judgment. However, for the sake of clarity the facts are taken from Writ Petition No.1870/2011.

(3.) THE petitioners herein/ original defendants presented an application under section 9A of Code of Civil Procedure, 1908 ("C.P.C." for short) requesting the Court to dismiss the suit presented by the plaintiff on the ground that the suit is presented by the plaintiff which is an unregistered firm and in view of section 69 of the Partnership Act the suit is not maintainable. It is stated that application under section 9A presented by the defendants was duly argued before learned trial Judge and was prescribed for orders. However, during intervening period, the original plaintiff tendered an application as contemplated by order 23 rule 1 of C.P.C. requesting the Court to permit the plaintiff to withdraw the suit with liberty to file fresh suit on the same cause of action. THE said application was opposed by the defendants by filing their say. However, learned trial Judge, on consideration of contentions raised by respective parties, was pleased to allow the application. Hence the instant writ petitions.