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Bombay High Court

MR UDAY GANPATRAO NAIK AND MEDICAL PETITIONER AND ORS.versusK. PORWAL AND SANGHVI DEVELOPERS THR. PARTNERS KISHOR S. PORWAL AND ORS.

Decided
Disposal
Allowed

Holding

The trial court correctly refused to dismiss the plaint at the threshold because the registration issue must be decided on the merits, not on the pleadings.

Summary

The applicants filed a civil revision seeking to set aside the trial court's order that refused to dismiss the plaint under Order VII Rule 11 of the CPC. The applicants argued that the plaintiff, a partnership firm, was not registered under Section 69 of the Partnership Act, 1932, and therefore the suit should have been rejected at the pleading stage. The trial court held that the question of registration could not be decided on the pleadings and that rejection under Order VII Rule 11 must be based only on the plaint and documents annexed to it. It observed that the dispute over the firm's registration would be decided on the merits of the suit and therefore refused to dismiss the plaint. The High Court affirmed this reasoning, finding no error in the trial court's order, condoned the delay in filing the revision, and dismissed the civil revision application.

Issues considered

  • Whether a plaint filed by a partnership firm that is not registered under the Partnership Act can be dismissed at the threshold under Order VII Rule 11 of the CPC.
  • Whether the trial court erred in refusing to reject the plaint on the ground of non‑registration of the partnership.

Legislation cited

Subjects

  • civil procedure
  • Order VII Rule 11
  • partnership registration
  • maintainability of suit
  • condonation of delay
  • revision

Judgment

   2026:BHC-AS:8900

                                                                    901-IA-290-2019.docx


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION
                              INTERIM APPLICATION NO. 290 OF 2019
Swapnil
                                                  IN
                      CIVIL REVISION APPLICATION (ST) NO. 25374 OF 2019
                  Uday Ganpatrao Naik and
                  Medical Petitioner and Ors.           …    Applicants
                        Vs.
                  K. Porwal and Sanghvi Developers
                  Thr. Partners Kishor S. Porwal
                  and Ors.                              …    Respondents


                  Mr. Siddhartha Ravindra Ronghe for the applicants.

                                           CORAM : GAURI GODSE, J.

                                           DATE :       17th February 2026

                  ORDER :


                  1.     This application is for condonation of delay in filing the

                  civil revision application. The civil revision application is filed

                  by defendant nos. 1 to 4 to challenge the order passed by

                  the trial court rejecting their application under Order VII Rule

                  11 of the Civil Procedure Code, 1908 (“CPC”).


                  2.     The defendants contended that the plaintiff is not a

                  registered partnership firm. Hence, the suit would not be

                  maintainable in view of provisions of Section 69 of the Indian


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Partnership Act, 1932. The trial court court held that at the

stage of Order VII Rule 11 of the CPC, the issue regarding

registration of the firm cannot be decided.


3.       Learned counsel for the applicants submits that the trial

court though recorded a finding that the suit is filed by one

partner of the unregistered firm it is observed that the said

dispute will be decided on merits in the suit and if found

false,    the   defendants    would be at      liberty to claim

compensatory cost from plaintiff firm. Learned counsel for the

applicants therefore submits that once a finding is recorded

that the suit is filed by one partner of the unregistered firm,

the trial court should have rejected the plaint at the threshold.


4.       I have perused the papers of the civil revision

application. The plaint is filed with a specific averment that

the plaintiff is a registered partnership firm. The defendants in

their application under Order VII Rule 11 of the CPC

contended that the plaintiff is not a registered partnership

firm. The trial court has referred to a reply filed by the

plaintiff’s advocate and further observed that in the reply it is

not categorically submitted that the plaintiff is a registered

partnership firm.


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5.    The trial court has referred to the documents produced

on record by the defendants, which contain the letter issued

by the Deputy Registrar of partnership firms to support the

defendants’ contentions that the plaintiff is not a registered

partnership firm. With reference to the documents produced

by the defendants, the trial court observed that the dispute

would be decided on merits in the suit. The observations in

paragraph 8 of the impugned order, therefore, cannot be

interpreted to mean that the trial court has recorded any

positive finding based on the plaint and its supporting

documents that the plaintiff is an unregistered partnership

firm. It is a well settled legal principle that the rejection of the

plaint under Order VII Rule 11 of the CPC can be considered

only based on the plaint and the supporting documents and

the documents referred to in the plaint. The issue regarding

the maintainability of the suit on the objection that the firm is

not registered would therefore, require trial in the present

case. The trial court has therefore rightly refused to reject the

plaint at the threshold.


6.    The observations in the impugned order are restricted

to the decision on the application under Order VII Rule 11 of



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the CPC. Hence, the issue of maintainability of the suit if any

shall be decided by the trial court in the suit at an appropriate

stage. I do not find any error in the impugned order

warranting any interference by this court.


7.    In the facts and circumstances of the case, I do not find

it necessary to issue notice to the respondents for

considering the prayer for condonation of delay.


8.    In the facts and circumstances of the case, delay is

condoned and the interim application is allowed .


9.    For the reasons recorded above the civil revision

application is dismissed.




                                           [GAURI GODSE, J.]




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