M/S V.K. MEHRA AND SONS vs M/S STAR BANQUETS

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th May, 2025 + CM(M) 980/2025 & CM APPL. 32382-32383/2025 &CM APPL. 32633/2025 M/S V.K. MEHRA AND SONS .....Petitioner Through: Mr. Arvind Kumar with Ms. Sneha Upadhay, Advocates. versus M/S STAR BANQUETS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner has filed a suit seeking recovery of a sum of Rs. 1,67, 733/- with interest. 2. The suit was instituted in the year 2017 and is already at the stage of final arguments. 3. Petitioner/plaintiff is aggrieved by order dated 08.01.2025 whereby its request to amend the plaint has been declined. 4. Learned counsel for petitioner submits that there was some technical defect and the name of the plaintiff was not appropriately described and moreover, if such technical defect is directed to be removed, no prejudice is going to be caused to the opposite side. 5. The argument, at the first blush, though, looked very convincing and attractive but fact remains that on a deeper evaluation of the matter, there is no substance in the present petition. 6. The abovesaid suit has been filed by M/S V.K. Mehra and Sons Signature Not Verified Digitally Signed CM(M) 980/2025 1 By:SONIA THAPLIYAL Signing Date:27.05.2025 16:26:51 claiming itself to be a partnership firm. Fact remains that such firm is an unregistered firm and , therefore, neither it can sue nor can be sued in terms of Section 69 of Indian Partnership Act, 1932. 7. Interestingly, when the written statement was filed by the defendant, it took a specific objection in this regard in the written statement but even such objection did not wake up the plaintiff. 8. The issues were framed in the year 2018 and even during the cross examination of the plaintiff, the