J.R.MUDHOLKAR, K.SUBBA RAO, N.RAJAGOPALA AYYANGAR
Shivagouda Ravji Patil – Appellant
Versus
Chandrakant Neelkanth Sadage – Respondent
Judgment
SUBBA RAO, J.: This appeal by certificate raises the question whether a minor who was admitted to the benefits of a partnership can be adjudicated insolvent on the basis of debt or debts of the firm after the partnership was dissolved, on the ground that he attained majority subsequent to the said dissolution, but did not exercise his option to become a partner or cease to be one of the said firm.
2. The facts are not in dispute and may be briefly stated. Mallappa Mahalingappa Sadalge and Appasaheb Mahalingappa Sadalge, respondents 2 and 3 in appeal, were carrying on the business of commission agents and manufacturing and selling partnership under the names of two firms "M. B. Sadalge" and "C. N. Sadalge", the partnership deed between them was executed on October 25, 1946. At that time Chandrakant Nilkanth Sadalge, respondent 1 herein, was a minor and he was admitted to the benefits of the partnership. The partnership had dealings with the appellants and it had become indebted to them to the extent of Rs.1,72,484/-. The partnership was dissolved on April 18, 1951. The first respondent became a major subsequently and he did not exercise the option not to become a partner of
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