APHC010235852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 1301/2025 Between: 1. SRI RAGHAVENDRA SWAMY RICE MILL, REP. BY ITS MANAGING PARTNER, KANTHETI SRI RAJA BABU, S/O. GOPARAL KRISHNAIAH, AGED 67 YEARS, OCC BUSINESS, R/O D.NO.11-11- 16/2, KAILASH BHAVAN ROAD CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 2. KANTHETI SRI RAJA BABU, , S/O. GOPARAL KRISHNAIAH, AGED 67 YEARS, OCC BUSINESS, R/O D.NO.11-11-16/2, KAILASH BHAVAN ROAD, CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 3. KANTHETI SWARNA KUMARI,, W/O. SRI RAJA BABU, AGED 65 YEARS. HOUSEWIFE, R/O D.NO.11-11-16/2, KAILASH BHAVAN ROAD, CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. NATHANI BALA TRIPURA SUNDARI, W/O. LATE RAMANUJAYYA, AGED ABOUT 74 YEARS. HOUSEWIFE, R/O. CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 2. BANDI SIVAPRIYA, W/O. NAGABHUSHANAM @ NAGABHUSHANA RAO, AGED ABOUT 55 YEARS. HOUSEWIFE, R/O. SRINAGAR COLONY, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 3. NATHANI SRINIVAS, S/O. LATE RAMANUJAYYA AGED ABOUT 52 2 RRR, J C.R.P.No.1301 of 2025 YEARS, R/O. CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 4. NATHANI SUDHAKAR, S/O. LATE RAMANUJAYYA, AGED ABOUT 49 YEARS, R/O. CHENCHUPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 5. SRI SAILAKSHMI RICE MILL, REP. BY ITS SOLE PROPRIETOR TADIPARTHI KRISHNA KUMAR, S/O. PANCHARANGA RAO, AGED ABOUT 60 YEARS, OCC BUSINESS, R/O. 21-1-31, JANDHYALAVARI STREET,RAMALINGESWARAPET, TENALI TOWN AND MANDAL, GUNTUR DISTRICT. 6. PAMULAPATI MALLIKARJUNA PRASAD, S/O. GOPALAKRISHNAIAH, AGED ABOUT 66 YEARS, OCC BUSINESS, R/O. VIDHYA NAGAR, GUNTUR CITY, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toBeing aggrieved by the Order dt. 17.04.2025 passed in I.A. 197 of 2025 in O.S No. 35 of 2019 on the file of the Court of Learned Principal Civil Judge Senior Division,Tenali IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in O.S. No. 35 of 2019 on the file of the Court of Learned Principal Civil Judge (Senior Division), Tenali, pending disposal of the main CRP and to pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. N SRIRAM MURTHY 3 RRR, J C.R.P.No.1301 of 2025 The Court made the following order: The respondents 1 to 4 herein had moved O.S.No.35 of 2019 before the learned Senior Civil Judge, Tenali, for dissolution of a firm and for rendition of accounts and for other reliefs. The petitioners herein, who are defendants 1 to 3 in the suit, had moved I.A.No.197 of 2025, for rejection of the plaint under Order VII Rule 11 of CPC. The primary contention of the petitioners was that the 1st defendant, which is the 1st petitioner herein, is an un-registered firm and a suit against an un-registered firm is not maintainable. The Trial Court, after considering various Judgments in this regard, had held that the suit is not liable for rejection at this stage and it would only be appropriate to go through the trial in the matter. 2. Aggrieved by this order of the Trial Court in dismissing the application, by its order, dated 17.04.2025, the petitioners have approached this Court, by way of the present Civil Revision Petition. 3. Heard Ms. Nimmgadda Revathi, learned counsel for the petitioners and Sri N. Sriram Murthy, learned counsel for the respondents. 4. Section 69 of the Indian Partnership Act, 1932, reads as follows: 69. Effect of non-registration.—(1) No suit to enforce a right arising from a contract or conferred by this Act shall be institutes in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered 4 RRR, J C.R.P.No.1301 of 2025 and the person suing is or has been shown in the Register of Firms as a partner in the firm. (2) No suit to enforce a tight arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. (3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect— (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or a ay right or power to realise the property of a dissolved firm, or (b) the powers of an official assignee, receiver or Court under the Presidency-towns Insolvency Act, 1909 (2 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of an insolvent partner. (4) … 5. The said provision is self-explanatory. Sub-Section 1 & Sub-Section 2 stipulate that a firm or a partner cannot sue or initiate any proceedings before a Court, unless the said partnership firm is registered with the Registrar of Firms. Sub-Section 3 specifically enforces the right to sue for dissolution of a firm or for accounts of a dissolved firm or any right or power relating to the property of the dissolved firm. The present suit is for dissolution of the 1st defendant firm, which is said to be an un-registered firm. By virtue of 5 RRR, J C.R.P.No.1301 of 2025 Sub-Section 3 of Section 69, there would not be any bar in filing the present suit. 6. In that view of the matter, this Court does not find any reason to interfere with the order of the Trial Court and this Civil Revision Petition is accordingly, dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 07.11.2025 MJA 6 RRR, J C.R.P.No.1301 of 2025 269 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 1301/2025 07.11.2025 MJA