1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.869 OF 2010 IN SUIT NO.2992 OF 2003 M/s. Vaibhav Exports Vs. B.C.Bagriand ors. Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Prothonotary/ Registrar's orders Court's or Judge's orders. Mr. Mistry i/by M/s. Purohit &Co. for the defendant No.3. CORAM : R.S. MOHITE, J. DATE : 27th July, 2010 P.C. :- 1 This is a chamber summons taken out by the original defendant No.3 for dismissal of the suit under order 7 Rule 11 of the C.P.C. It is contended that the statement made in the plaint to the effect that the defendant No.3 is partner of defendant No.1 firm is incorrect as the defendant No.1 is the sole proprietor of defendant No.2. It is seen that in the plaint there is 2 categorical assertion that defendant Nos. 2 and 3 are partners of defendant No.1 firm. Even assuming that defendant No.3 is not the partner, the entire plaint cannot be rejected because cause of action still survive against the defendant Nos.1 and 2. In this view of the matter, chamber summons is rejected. Affidavit of service dated 13.7.2010 is taken on record. (R.S. MOHITE, J.)