A reconstituted partnership firm comes into existence from the date specified in the notice given to the Registrar of Firms under Section 63 of the Partnership Act, 1932, even if the Registrar makes the changes in the constitution of the firm at a later date.

( 1 ) THE Appellant is a partnership firm which had filed a suit against the Respondent claiming damages of Rs. 1,13,1707. 00 plus interest thereon.

( 2 ) THE Appellant firm had been registered with the Registrar of Firms on 29-7-1953. The business of the firm was that of manufacture and dealing in linseed oil and other edible oils. Prior to 1-1-1976, the firm had five partners who were as follows :

1. Naranji Kushaldas Patel 2. Atui Rambhai Patel 3. Jayantilal Naranji Patel 4. An/ind Naranji Patel and 5. Amritlal Chhotubhai Patel

( 3 ) THE firm was reconstituted w. e. f. 1-1- 1976. Two partners, namely, Naranji Kushaldas Patel and Amritlal Chhotubhai Patel retired from the firm and Atui Rambhai Patel continued as a partner. Jayantilal Naranji Patel and Arvind Naranji Patel were partners in their individual capacity but w. e. f. 1-1-1976, they joined as HUF. After the reconstitution of the partnership firm on 23-8-1976, an application was filed by the Appellant with the Registrar of Firms for noting the change in and the reconstituted firm.

( 4 ) ON 10-11-1976 and 18-11-1976, the appellant entered into three contracts with the Respondent whereby the Respondent had agreed to sell to the Appellant expeller linseed oil. When this oil was not supplied, the Appellant filed Suit no. 1004 of 1977 in the High Court of bombay on 26-5-1977. The claim in the suit was for the aforesaid amount of Rs. 1,13,170. 00 plus interest and costs.

( 5 ) ON 28-2-1976, the Registrar of Firms carried out the changes with regard to the re-constitution of the firm pursuant to the application dated 23-8-1976 which had been filed. In the certificate which was issued by the Registrar, it was stated that the newly-added partners were w. e. f. 1- 1-1976.

( 6 ) IN the written statement which was filed by the Respondent, a plea was taken to the effect that the suit was liable to be dismissed in view of the provisions of section 69 of the Indian Partnership Act, inasmuch as the newly-added partners names were entered by the Registrar of firms on 28-2-1978 and, therefore, on the day when the suit was filed, the firm as reconstituted was not duly registered with the reconstituted partners of the firm. A preliminary issue was framed which was as follows :

"whether the suit is liable to be dismissed for the reasons as alleged in para 1 (a) of the written statement. "

( 7 ) THE Single Judge of the High Court came to the conclusion that no suit to enforce a right arising from a contract can be instituted in a court by or on behalf of a firm against any third party unless the firm had been registered and the persons suing are or have been shown in the registrar of Firms as partners in the firm. It was further observed that as the reconstitution was recorded with the Registrar of Firm only on 28-2-1978, therefore, the reconstituted firm was not in existence when the suit was filed. The preliminary issue was decided in favour of the Respondent and, consequently, the suit was dismissed. Hence this appeal by special leave.

( 8 ) FROM the facts enumerated above, it is not in dispute that the firm M/s Gwalior oil Mills was registered with the Registrar of Firms originally on 29-7-1953. With the passage of time, the firm was reconstituted and as required by Section 63 of the Partnership Act, 1932, changes in the constitution of the partners was recorded with the Registrar of Firms. The said section requires notice to be given to the registrar whenever there is a change in the constitution of the firm and that notice is required, inter alia, to specify the date from which the changes have occurred and it is on the said notice being given that the Registrar carries out the act of recording the change in the constitution of the firm. In the instant case, the application under Section 63 was filed on 23-8-1976 but the Registrar made the changes only on 28-2-1978. it however, recorded that the partnership had been reconstituted w. e. f. 1-1-1976.

( 9 ) THE implication of the registrat