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february 2000

Supreme Court of India · 2000-02-28

M/S. HALDIRAM BHUJIAWALA vs M/S. ANAND KUMAR DEEPAK KUMAR

Citation / case number
SC 1999/21173
Court
Supreme Court of India
Petitioner
M/S. HALDIRAM BHUJIAWALA
Respondent
M/S. ANAND KUMAR DEEPAK KUMAR
Bench
M. JAGANNADHA RAO & A.P. MISRA

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' appeal regarding the rejection of the plaint under Order 7 Rule 11 CPC, emphasizing that the first plaintiff's partnership was not registered at the time of filing the suit, rendering it invalid. The Court clarified that subsequent registration does not retroactively cure the defect of non-registration at the time of the suit. The Court affirmed the High Court's decision, reinforcing the principle that a partnership must be registered to maintain a suit under the relevant provisions of law.

M/S. HALDIRAM BHUJIAWALA vs M/S. ANAND KUMAR DEEPAK KUMAR · Niyam