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2015 DIGILAW 1097 (HP)

NATIONAL GENERAL STORE v. BBN FOODS HI-TEC PROCESSING PRIVATE LTD.

2015-08-13

SANJAY KAROL

body2015
JUDGMENT : SANJAY KAROL, J. 1. Respondents have chosen not to contest the present appeal. 2. Suit filed by the plaintiff (appellant herein) stands dismissed by the Courts below only on the ground that plaintiff failed to prove the factum of registration of the Firm under the provisions of the Partnership Act 1932. Significantly on this aspect, no objection was ever raised or issues framed by the trial Court. In fact, plaintiff was not even called upon to make submissions on the same. They were taken aback by surprise, with the rendering of opinion by the trial Court vide judgment and decree dated 27th May, 2013 passed in Civil Suit No. 104 of 2011, titled as M/s National General Store v. B.B.N. Foods Hi-tech Processing Private Limited and another. The lower Appellate Court, which affirmed the same, in terms of judgment and decree dated 17.1.2015, titled as M/s National General Store v. B.B.N. Foods Hi-tech Processing Private Limited and another, committed illegality in not appreciating the plaintiff's contentions with regard to violation of principles of natural justice and non-compliance of procedural formalities. 3. In this view of the matter, judgment and decree dated 27th May, 2013, passed by learned Civil Judge (Jr. Division) Chamba, in Civil Suit No. 104/2011, titled as M/s National General Store v. B.B.N Foods Hitech Processing Private Ltd. & another, as affirmed by leaned Additional District Judge, Chamba, in Civil Appeal No. 50/2013, vide judgment dated 17.01.2015 rendered in appeal stands set aside. 4. The matter is remanded back to the trial Court for consideration of the matter afresh. The court shall frame an issue with regard to maintainability of the suit on which, it shall be open for the plaintiff/parties to lead evidence. 5. Parties are directed to appear before the trial Court on 17th September, 2015. Appeal stands disposed of, as also pending application(s), if any.