2025:HHC:9526 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.526/2015. Date of Decision: 07th April, 2025. Rabinder Kumar .....Petitioner Versus M/s Gupta Fruit Company & Ors. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Dushyant Dadwal, Advocate. For the Respondent: Mr. Mukul Sood, Advocate, for respondent No.1. None for respondents No.2 to 17. Ms. Kiran Lata Sharma, Advocate, for respondent No.18. Bipin Chander Negi, Judge (oral). The present petition has been preferred against the impugned order dated 21.08.2015 passed by Ld. Civil Judge, Jr. Division, Court No.11, Palampur, District Kangra, HP, whereby an application filed under Order 7 Rule 11 CPC by the present petitioner stands dismissed. 2. Heard counsel for the parties and perused the pleadings. 3. In the plaint, it is averred by the respondent-firm that it is carrying on the business of a commission agent qua agricultural produce. The same is being done from a shop allotted by the Agricultural Produce Market Committee, Kangra. For the transportation of the Agricultural Produce dealt in by the respondent firm, a passage from the yard/sub-yard or courtyard 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 2025:HHC:9526 of new Sabji Mandi Palampur, which at the time of allotment of the shop in the Sabji Mandi was provided must be kept open. 3. Qua the aforesaid passage, the respondent in the plaint filed claimed a right on the basis of Himachal Pradesh Agricultural Produce Market Committee Byelaws. The defendants/present petitioner in the suit are claimed to be unlawful occupants of yard/sub-yard or courtyard of the new Sabji Mandi, Palampur whereby they have encroached upon the passage being used by the present petitioner for transporting agricultural produce to and fro from the shop, which has been allotted to the petitioner by the Agricultural Produce Market Committee Kangra. 4. From a perusal of the application under Order 7 Rule 11 CPC, it is seen that primarily two objections have been taken. A) That the suit, in the case at hand, filed by the present respondents/plaintiff is not maintainable in terms of provisions of Section 69(2) of the Partnership Act, as the respondent, in the case at hand, is an unregistered firm. B) There exists no firm in the name of M/s Gupta Food Company. 5. Insofar as filing of the suit by an unregistered firm, in the case at hand, is concerned, learned counsel for the petitioner has fairly conceded that no interference in this respect can be found in the well-reasoned judgment passed by the trial Court. The sole contention urged before this Court is that there is no firm in the name of M/s Gupta Fruit Company, which is registered with the Regulatory Authority i.e. 3 2025:HHC:9526 Agricultural Produce Market Committee Kangra. The aforesaid contention needs to be rejected outright, as at the time of considering an application under Order 7 Rule 11 CPC all that has to be looked at are the averments made in the plaint. At this stage, the Court is disentitled to consider the case of the defence. In this respect, it would be appropriate to refer to judgment reported 2007 (14) SCC 183, titled C. Natrajan Vs. Ashim Bai & Anr. The relevant para is reproduced hereinbelow:- “8. An application for rejection of the plaint can be filed if the allegations made in the plaint even if given face value and taken to be correct in their entirety appear to be barred by any law. The question as to whether a suit is barred by limitation or not would, therefore, depend upon the facts and circumstances of each case. For the said purpose, only the averments made in the plaint are relevant. At this stage, the court would not be entitled to consider the case of the defence.” 6. In view of above terms, I find no merit in the present petition and the same is dismissed accordingly. 7. Parties are directed to appear before the learned trial Court on 21.04.2025 and the records be sent back forthwith. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 07th April, 2025 (Gaurav Rawat)