Supreme Court · 2022 INSC 119 · Decided 31 January 2022
Shiv Developers Through Its Partner Sunilbhai Somabhai Ajmeri v. Aksharay Developers & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 119 · [2022] 8 S.C.R. 135
- Case number
- CIVIL APPEAL No. 785/2022
- Decided
- 31 January 2022
- Bench
- DINESH MAHESHWARI, VIKRAM NATH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Transfer of Property Act; Specific Relief Act
Headnote
Partnership Act, 1932 - s.69(2) - Bar under - When not attracted - Held: To attract the bar of s.69(2), the contract in question must be the one entered into by firm with the third-party defendant and must also be the one entered into by course of its business dealings - s.69(2) is not a bar to a suit filed by an unregistered firm, if the same is for enforcement of a statutory right or a common law right - In the present case, the transaction in question was not the one entered into by the appellant- plaintiff, an
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