| Case ID |
e32435da-2396-4e29-8df7-450e00b6483f |
| Body |
View case body. Login to View |
| Case Number |
C.R. of 2008 |
| Decision Date |
Sep 15, 2008 |
| Hearing Date |
Sep 15, 2008 |
| Decision |
The Islamabad High Court ruled that the suit filed by Najma Sugar Mills Ltd. was incompetent due to the unregistered status of the partnership firm. The court emphasized that according to Section 69(2) of the Partnership Act, no suit could be instituted by an unregistered firm to enforce a right arising from a contract. The trial court's dismissal of the rejection application was set aside, leading to the rejection of the plaint under Order VII, Rule 11 of the Civil Procedure Code. The decision reinforced the mandatory nature of the registration requirement for partnerships in legal proceedings. |
| Summary |
This case revolves around the rejection of a plaint by the Islamabad High Court involving Najma Sugar Mills Ltd. and Messrs Mega Trading Company. The primary legal issue was the enforceability of a suit filed by an unregistered partnership firm, which is prohibited under Section 69(2) of the Partnership Act, 1932. The court's decision highlights the importance of firm registration in legal proceedings and its implications for partnerships. The ruling clarifies that even if a firm is subsequently registered, it does not retroactively validate an otherwise invalid suit. The case cited several precedents to support its findings, reinforcing the mandatory nature of registration for partnerships. |
| Court |
Islamabad High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD MUNIR PERACHA
|
| Lawyers |
Raja Muhammad Akram
|
| Petitioners |
NAJMA SUGAR MILLS LTD.
|
| Respondents |
Messrs MEGA TRADING COMPANY
|
| Citations |
2009 SLD 139,
2009 CLD 163
|
| Other Citations |
Usman v. Haji Omer and Haji Razzak, PLD 1966 SC 328,
Abdul Gafur V. Dr. Daimulla Ahmed PLD 1951 Dac. 56,
The Australasia Bank Ltd. v. Messrs A. Ismailji & Sons and others PLD 1952 Lah. 314,
M. Muthukumaraswani v. Kumar Textiles AIR 1996 Mad. 433,
Lokramdas Chatomal Firm and others v. Tharumal Shewaram and others AIR 1939 Sind 206,
Sunderial and Sons v. Yegendra Nath Singh and another, AIR 1976 Cal. 471,
Krishen Lalram Lal v. Abdul Ghafur Khan AIR 1935 Lah. 893
|
| Laws Involved |
Partnership Act, 1932,
Civil Procedure Code (V of 1908)
|
| Sections |
69,
69(2),
O.VII,R.11,
O.XXXVII,Rr.1,2
|