DODDAKALE GOWDA, J.

( 1 ) THIS is a plaintiffs Second Appeal as against the judgment and decree, dated 21-3- 1977 passed in O. S. No. 880 of 1974 by the fifth Additional First Munsiff, Bangalore, dismissing the suit field for recovery of a sum of Rs. 2,466-70ps. as principal; Rs. 991/- towards interest and costs as the value of the goods supplied to plaintiff.

( 2 ) THOUGH both the Courts have recorded a finding in favour of the plaintiff on all issues, dismissed the suit solely on the ground of non-compliance of section 69 (2) of the partnership, Act. On 1-9-1978, Malimath, j. , as he then was, after noticing the points that arise for consideration thus :"1. Whether the court below was right in holding that Sri Pukhraj was not competent to file and maintain the suit on behalf of the plaintiff-partnership firm?" and 2. Whether the Court below committed an error of law in rejecting the appellant's application for production of additional evidence?' has referred the appeal for final disposal by a Division Bench.

( 3 ) ONE of the grounds amongst others on which the defendant resisted the relief was that the suit was not maintainable for non- compliance of sub-section (2) of Section 69

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