Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XXXVII

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XXXVII

Law: Partnership Act, 1932

Section: 69(2),4

Partnership Act (IX of 1932)-------S. 69(2)---Civil Procedure Code (V of 1908), O. VII, R.11 & O.XXXVII, Rr.1 & 2---Rejection of plaint---Unregistered partnership concern---Legal status---Plaintiff was an unregistered partnership firm and had filed suit for recovery of money on the basis of dishonoured cheques---In view of bar contained in S.69(2) of Partnership Act, 1932, defendant filed application for rejection of plaint, which application was dismissed by trial Court---Validity---If a suit falling within S.69(2) of Partnership Act, 1932, was instituted by a firm which was not registered at the time of institution of the suit, the plaint must be rejected and subsequent registration of the firm could not validate proceedings which were invalid in their inception---Suit filed by plaintiff was incompetent and was liable to be rejected under O.VII, R.11, C.P.C.---High Court, in exercise of revisional jurisdiction, set aside the order passed by Trial Court and rejected the plaint---Revision was allowed in circumstances. Usman v. Haji Omer and Haji Razzak, PLD 1966 SC 328; Abdul Gafur v. Dr. Daimulla Ahmed PLD 1951 Dac. 56; The Australasia Bank Ltd. v. Messrs A. Ismailji & Sons and others PLD 1952 Lah. 314; M. Muthukumaraswani v. Kumar Textiles AIR 1996 Mad. 433; Lokramdas Chatomal Firm and others v. Tharumal Shewaram and others AIR 1939 Sind 206; Sunderial and Sons v. Yegendra Nath Singh an another, AIR 1976 Cal. 471 and Krishen Lalram Lal v. Abdul Ghafur Khan AIR 1935 Lah. 893 rel. Raja Muhammad Akram for Petitioner. Respondent proceeded ex parte. Date of hearing: 15th September, 2008. JUDGMENT MUHAMMAD MUNIR PERACHA J.---Through this civil revision, the order dated 14-12-2007 passed by learned District Judge, Islamabad, whereby the learned Judge dismissed an application filed by the petitioner under Order VII, Rule 11, C.P.C., for rejection of plaint has been challenged. The Civil Revision was admitted to regular hearing on 27-5-2008. Notice was ordered to be issued to the respondent through courier service at the expense of the petitioner for 13-6-2008. On 13-6-2008, it was ordered that notice to the respondent be repeated through courier service…

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