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- Suit for declaration and recovery of amount - Suit filed by unregistered partnership firm - Application under Order 7 Rule 11 for rejection of plaint Analysis: Issue 1: Suit for Declaration and Recovery of Amount The plaintiffs filed a suit seeking a declaration that certain bank cheques drawn on Syndicate Bank and procured by the defendants were null and void. The plaintiffs alleged that they were appointed as stockists by the defendants and had various financial disputes with them, including issues related to tax rates, additional charges, damaged goods, and various schemes. The plaintiffs claimed a total amount of Rs. 13,39,088 due to them. The defendants opposed the suit, arguing that the claim was based on a contract between an unregistered partnership firm and the defendants, which barred the suit under Section 69(2) of the Indian Partnership Act. The court held that since the claim arose from a contract between the parties, the suit was not maintainable under Section 69(2) of the Partnership Act. Additionally, the court noted that a suit for declaration alone was not maintainable when alternative relief for recovery of the amount was available. Consequently, the court rejected the plaintiff's plaint under Order 7 Rule 11 CPC. Issue 2: Suit Filed by Unregistered Partnership Firm The defendants contended that the suit was filed by an unregistered partnership firm, M/s Emkay Agencies, and not by individual partners, making it barred by law. The defendants argued that as per Section 69(2) of the Partnership Act, a suit to enforce a right arising from a contract cannot be instituted by an unregistered firm or its partners. The court agreed with the defendants' argument, stating that the plaintiffs, being partners of the unregistered firm, were debarred from suing with respect to the rights arising from the contract. Therefore, the court held that the suit was not maintainable due to the unregistered status of the partnership firm. Issue 3: Application Under Order 7 Rule 11 for Rejection of Plaint The defendants filed an application under Order 7 Rule 11 seeking the rejection of the plaintiff's plaint. They argued that the suit was barred by time and that the unregistered status of the partnership firm rendered the suit invalid. The plaintiffs opposed the application, denying that the suit was time-barred or that Section 69 of the Partnership Act prevented them from filing the suit. However, the court, after considering the arguments and the legal provisions, rejected the plaintiff's plaint under Order 7 Rule 11 CPC, stating that the suit, in its present form, was barred by law. In conclusion, the court rejected the plaintiff's suit for declaration and recovery of amount due to the unregistered status of the partnership firm and the application under Order 7 Rule 11 CPC. The judgment highlighted the legal implications of filing suits by unregistered firms and the limitations imposed by relevant provisions of the Partnership Act, ultimately leading to the dismissal of the plaintiff's claims.
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