Supreme Court of India · 2000-02-28
Haldiram Bhujiawala And Anr vs Anand Kumar Deepak Kumar And Anr
- Citation / case number
- AIR 2000 SUPREME COURT 1287
- Court
- Supreme Court of India
- Petitioner
- Haldiram Bhujiawala And Anr
- Respondent
- Anand Kumar Deepak Kumar And Anr
- Author
- M. Jagannadha Rao
- Bench
- M. Jagannadha Rao, A.P. Misra
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellants' appeal under Order 7 Rule 11 CPC, affirming that the plaintiffs' partnership was not registered at the time of filing the suit, rendering the plaint defective. The Court clarified that the subsequent registration of the partnership did not cure the initial defect as per the provisions of the Indian Partnership Act. The Court held that the plaintiffs could not maintain the suit for infringement of trademark due to the lack of legal standing at the time of filing.