IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18962 of 2010 1. Kedar Nath Sah S/O Late Shiv Nandan Sah R/O M/H-Purani Grhatti Sahebganj, P.O. And P.S.-Chhapra Town Prg-Manjhi, Distt.-Saran. 2. Ramjee Prasad S/O Kedar Nath Sah R/O M/H-Purani Grhatti Sahebganj, P.O. And P.S.-Chhapra Town Prg-Manjhi, Distt.-Saran. Versus 1. The State Of Bihar Through Secretary, Law Deptt., Govt. Of Bihar, Patna. 2. Shatrughna Prasad S/O Kedar Nath Sah R/O M/H-Purani Grhatti Sahebganj, P.O. And P.S.-Chhapra Town Prg-Manjhi, Distt.-Saran. -------------------------- 3 12.10.2011 Heard Mr. Bajranji Lal, learned counsel for the petitioners and learned counsel for the State. The petitioner is aggrieved by the order dated 28.09.2010 passed by 10th Additional Munsif, Chapra in Title Suit No. 58 of 2010 whereby the learned Munsif has rejected the petition filed on behalf of the defendants-petitioners under Section 69 of the Indian Partnership Act, 1932 read with Order 7 Rule 11 of the Code of Civil Procedure. It is the contention of the petitioners that as admittedly the firm M/s Kamla Traders is an unregistered firm, the very relief prayed by the plaintiff seeking to injunct the defendants-petitioners from interfering in the business of the firm flows from the terms of the contract entered into between the parties and thus in view of the statutory provisions underlying Section 69 of the Indian Partnership Act, the suit is not maintainable. The petition so filed by the defendants-petitioners was rejected by the learned Court below by the impugned order dated 2 28.09.2010 inter alia on grounds that as the suit in question was neither filed by the plaintiff as a partner nor the firm was sued as defendant nor the defendants are being sued in the capacity of partners rather the suit has been filed seeking to injunct the defendants-petitioners from interfering in any manner with the business of the unregistered firm M/s Kamla Traders, hence the suit in question is not barred under the provisions of Section 69 of the Indian Partnership Act. I find no legal or jurisdictional error in the order passed by the learned Court below, which has been passed on appreciation of the legal provision and the judicial pronouncement on the issue. The writ petition is dismissed. Bibhash (Jyoti Saran, J.)