IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2020 OF 2008 M/s.Deep Construction Co Ltd. .. Plaintiffs Versus Jitendra Naraynbhai Patel .. Defendant Mr.Shailesh Shah a/w Ajay K.J.Panicker for the plaintiffs. Mr.J.P.Sen a/w Mehul Shah i/by A.G.Shah for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . The learned counsel appearing for the plaintiffs pointed out that after the institution of the suit, the 1st plaintiff-Firm has been registered under the Indian Partnership Act, 1932. He seeks permission to withdraw the suit with liberty to file a fresh suit on the same cause of action. The prayer is opposed by the learned counsel appearing for the defendant by relying upon a decision of the Orissa High Court in the case of Khatuna & Anr. Vs. Ramsewak Kashinath (AIR 1986 Orissa 1). 2. The objection to the maintainability of the suit is on the ground that on the date on institution of the 2 suit the 1st plaintiff-Firm was not registered. It is very difficult to accept the submission that the said defect is not a formal defect. 3. Moreover, even if plaint was to be rejected, under clause (d) of Rule 11 of Order VII of the Code of Civil Procedure, 1908 on the ground that on the date of institution of the suit, the said Firm was not registered, the plaintiffs could have always filed a fresh suit. Hence, the request made by the learned counsel appearing for the plaintiff deserves to be accepted. The suit is dismissed as withdrawn with liberty as prayed. 4. The plaintiffs will be entitled to refund of Court fees as per the rules. Refund be expeditiously granted. 5. Notice of Motion No.3718 of 2008 does not survive and the same is rejected. (A.S.Oka,J)