1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 36 OF 2001 IN S.C.SUIT NO.6212 OF 1998 V.Subramaniam .. Appellant V/s Rajesh R.Rao .. Respondent Mr.S.V.Pitre i/by Mr.M.P.Tekavade for the Appellant. Mr. M.V.Holmagi for the Respondent. CORAM : R.G.KETKAR, J. DATE : 18th June, 2010 P.C. : 1. Heard Mr.Pitre, learned counsel for the appellant and Mr.Holmagi, learned counsel for the Respondent. This appeal is directed against the judgment and order dated 4th December, 2000 passed by the learned Judge, City Civil Court, Bombay in S.C.Suit No.6212 of 1998. By that order the trial Court rejected the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908. In paragraph 14 of the impugned order, it was held that since the partnership is not registered and the name of the plaintiff does not appear in the register of the firms, the suit is not maintainable. This was in view of Section 69(2) (A) of the Indian Partnership Act, 1932. 2. Mr.Pitre, learned counsel for the appellant submitted that by order dated 20th March, 2009 the Apex Court in Civil Appeal No.7438 of 2000 declared that section 69(2A) of the Indian Partnership Act, 1932 introduced by the Maharashtra Amendment Act, is ultra-vires and was declared unconstitutional. 2 3. It is not in dispute that the plaint was rejected on the sole ground that in view of Section 69(2A) of the Act the suit is not maintainable. Since the Apex Court has declared section 69(2A) unconstitutional, appeal is required to be allowed. Hence, First Appeal No.36 of 2001 is allowed with no order as to costs. 4. The impugned order dated 4th December, 2000 is set aside. S.C.Suit No. 6212 of 1998 shall stand restored to the file of the City Civil Court, Bombay. Parties shall appear before the trial Court on 5th July, 2010. Parties are at liberty to apply for early hearing of the suit. 5. It is brought to my notice that in the Civil Application No.9056 of 2000 this Court directed the Respondents to maintain status-quo. The order of status quo granted by this Court in the said Civil Application No.9056 of 2000 shall remain operative till 19th July, 2010. R & P be sent back to the trial Court forthwith. (R.G.KETKAR, J.)