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TMI Blog2019 (4) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... asioned because we find that the High Court did not decide the issue, which was the subject matter of the writ petition, keeping in view the law laid down by this Court in the case of Krishna Motor Service by its Partners vs. H.B. Vittala Kamath, [1996 (4) TMI 518 - SUPREME COURT]. The High Court should have noticed the aforementioned decision and decided the question accordingly in the light o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein and upheld the order dated 18.03.1993 passed by the Civil Judge, Jhansi in O.S. No.140/1992. 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. 4. The appellants are the legal representatives of the original defendants and the respondent herein is the plaintiff of the suit out of which this appeal arises. 5. The respondent filed an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p. 7. The appellants (defendants) on being served raised a preliminary objection contending therein that since the partnership in question on which the application under Section 20 of the Partnership Act was founded was an unregistered partnership , therefore, in the light of the bar contained under Section 69 (3) of the Partnership Act, the application filed by the respondent was not maintain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel for the parties and on perusal of the record of the case, we are inclined to allow this appeal and while setting aside the impugned order remand the case to the High Court for deciding the writ petition afresh on merits in the light of the observations made infra. 12. In our considered view, the need to remand the case has occasioned because we find that the High Court did not decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appeal succeeds and is accordingly allowed. The impugned order is set aside. The case is remanded to the High Court for deciding the writ petition, out of which this appeal arises, afresh on merits as observed above. 16. Since we have formed an opinion to remand the case to the High Court instead of deciding the issue for the first time in this appeal on facts, we refrain ourselves from e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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