Indian Partnership Act, 1932–Sec. 69(2)–Code of Civil Procedure, 1908–Order 7, Rule 11(d) & Order 30, Rules 1 & 2–Application for rejection of suit–Allowed by the High Court–Justification–Transaction in question was the sale of share by the plaintiff firm to the contesting defendants–It did not arise out of the business of the plaintiff firm–Suit is for en-forcing the rights of avoidance of a document on the ground of fraud and misrepresentation as also the statutory rights of seeking declaration and injunction–The firm was constituted with four partners but later on, the defendant nos. 2 & 3 constituted another firm in the same name with themselves as partners while leaving aside the other two–Held, the bar of Sec. 69(2) would not be attracted.
