ashok kumar (Social Worker) 20 July 2013

Order 7 rule 11 application

In a civil suit, the application under Order 7 Rule 11, filed by the defendant, challenging the maintainability of the suit in teh civil Court was rejected by the Civil Court.

Meanwhile the defendant came to know that the said plaintiff which was a partnership firm was not a registered partnership firm.

Can a Fresh Application under ORDER 7 Rule 11(d) be filed before the court in view of the Bar on unregistered Partnership Firm under Section 69 of the Partnership Act in so far as their right to sue third parties is concerned?

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3 Replies

vivek malhotra (Advocate) 20 July 2013

Yes. Unregistered partnership firm cannot sue any third party in the court of law. And there are lot of high court judgements in this regard. You can file the application and ask the court let it be heard first while proceeding the said case.

Vivek Malhotra

Advocate

ashok kumar (Social Worker) 20 July 2013

Thanks U Vivekji

Does it mean that an application under Order 7 Rule 11, can be filed before the court anytime during the currency of the suit?

The point that I wish to get cleared here is not about the Bar on unregistered Partnership Firm in so far as their right to sue third parties is concerned but whether there is any Bar on filing a Fresh Application under ORDER 7 Rule 11 before the court when a new fact has come to the knowledge of the defendent during the currency of the suit