Trial court dismissed suit for specific performance of alleged contract by Unregistered Firm, on law (Sec 69 of partnership act & 14(3)© of Specific Relief Act) + ALL facts.
It has filed 1st appeal in HC which stands ADMITTED.
Now can I file application under order 7 rule 11 for dismissal as Not Maintainable u/s 69(2) of Partnership Act?
My lawyer believes that it can be filed obtained in trial court, and not high court.
