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M.A.Arivazhagan vs Ark Finance on 23 February, 2021

A Division Bench of this court in Buhari Trading Co. v. Star Metal Co., in dealing with the dismissal of a suit which was sought to be withdrawn on the ground that the plaintiff therein was an unregistered firm, held that it would not be a bar to file a fresh suit, on the same cause of action after the firm gets registered, for doing that, no permission is needed. This decision also proceeds on the basis that the suit earlier filed is non est in the eye of law.
Madras High Court Cites 17 - Cited by 0 - T Ravindran - Full Document

M/S.Sakthi Durga Engineering vs P.S.Raman on 25 February, 2021

https://www.mhc.tn.gov.in/judis/ 18/34 S.A.Nos.1323, 1353 & 1354 of 2008 A Division Bench of this court in Buhari Trading Co. v. Star Metal Co., in dealing with the dismissal of a suit which was sought to be withdrawn on the ground that the plaintiff therein was an unregistered firm, held that it would not be a bar to file a fresh suit, on the same cause of action after the firm gets registered, for doing that, no permission is needed. This decision also proceeds on the basis that the suit earlier filed is non est in the eye of law.
Madras High Court Cites 16 - Cited by 0 - T Ravindran - Full Document

Samyuktha Cotton Trading Company vs Bheemineni Venkata Subbaiah And Ors. on 5 August, 2004

9. Even where a suit is filed by an unregistered firm, two courses are open to it, for ensuring compliance with the requirement, or overcoming the prohibition contained is Section 69. It can take return of the suit and file it after the firm is registered, or, secure registration even while the suit is pending. The first aspect indicated above, fell for consideration before the Madras High Court in Buhari Trading Company v. Star Metal Company, . After reviewing the judgments rendered by the High Courts of Punjab and Haryana, Nagpur, Lahore and by itself, the Madras High Court held that rejection of a suit filed by a firm, on account of non-registration, is not a bar for filing a fresh suit after securing registration. The matter was examined from various angles, and the view expressed by it was supported by excellent reasoning. It is beneficial to extract the following:
Andhra HC (Pre-Telangana) Cites 13 - Cited by 4 - L N Reddy - Full Document

T. Savariraj Pillai vs M/S. R.S.S. Vastrad And Company on 3 November, 1989

7. A Division Bench of this Court in Buhari Trading Co. v. Star Metal Co., in dealing with the dismissal of a suit which was sought to be withdrawn on the ground that the plaintiff therein was an unregistered firm, held that it would not be a bar to file a fresh suit on the same cause of action after the firm gets registered, and for doing that no permision is needed. This decision also proceeds on the basis that the suit earlier filed is non-est in the eye of law.
Madras High Court Cites 13 - Cited by 22 - Full Document

M/S. K.R.M. Money Lenders Rep By Its ... vs Mr. A. Manoharan @ Doss on 15 April, 1999

A Division Bench of this court in Buhari Trading Co. v. Star Metal Co., in dealing with the dismissal of a suit which was sought to be withdrawn on the ground that the plaintiff therein was an unregistered firm, held that it would not . be a bar to file a fresh suit, on the same cause of action after the firm gets registered, for doing that, no permission is needed. This decision also proceeds on the basis that the suit earlier filed is non est in the eye of law.
Madras High Court Cites 15 - Cited by 7 - Full Document

T. Savariraj Pillai vs R.S.S. Vastrad And Company, ... on 23 November, 1989

7. A Division Bench of this Court in Buhari Trading Co. v. Star Metal Co. (1983)1 M.LJ. 10 A.I.R. 1983 Mad. 150: in dealing with the dismissal on the ground that the plaintiff there in was an unregistered firm, held that it would not be a bar to file a fresh suit on the same cause of action after the firm gets registered, and for doing that, no permission is needed. This decision also proceeds on the basis that the suit earlier filed is nonest in the eye of law.
Madras High Court Cites 12 - Cited by 1 - Full Document
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