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1. Respondents (hereinafter referred as "Plaintiffs") have filed special Civil Suit No.80 of 2009 before Civil Judge, Senior Division, Jalgaon. The suit has been brought against present Applicants (hereinafter referred as "Defendants") for recovery of possession of property leased and recovery of lease amount. The dispute which has arisen between the parties is, whether Plaintiffs who have styled themselves as "Shreeji Enterprises Erandol" and shown themselves as partners, is a partnership under the Indian Partnership Act, 1932 ("Partnership Act" in brief).

cra165.13

4. Against the above order dated 7th March 2013, present Revision has been filed.

5. Learned counsel for the Defendants (present Applicants) has referred to copy of the sale deed (Exhibit A) and submitted that the document mentions regarding the purchasers to be "partners" of "Shriji Enterprises Erandol" and then the names of four persons who have now brought the Suit, have been mentioned. At the end of the document also, the four persons have signed under the caption that they were signing as partners of "Shriji Enterprises Erandol". The counsel then referred to a document got issued from Directorate of Industries, dated 30th August 2013, which, according to the Defendants, is certificate obtained for seeking exemption in payment of stamp duty. It is argued that in this document also, it is mentioned that Shriji Enterprises is establishing a unit. The learned counsel then referred to the title of the suit cra165.13 where plaintiff is styled as "Shriji Enterprises Erandol" through partners and the names of four persons are given. It is the argument that all this shows that the Plaintiff is a partnership and the suit does not show that the partnership has been registered and so under Section 69(2) of the Partnership Act the suit to enforce rights is not maintainable. The learned counsel relied on the Judgment in the matter of Ishwar Bhuvan Refreshments Annexe vs. Rajdhani and another, reported in 2006(5) Bom.C.R. Page 11, and the matter of Kolhapur Ice And Cold Storage Co.