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1950 Supreme(Bom) 76

Y.V.DIXIT, N.H.BHAGWATI
Prithvisingh Devising – Appellant
Versus
Hasan Alli Vazirkhan – Respondent


Judgment

Bhagwati, J.

1. This is a second appeal from a decision of the learned Assistant Judge, Thana, who allowed the appeal from a decision of the Joint Civil Judge, Junior Division, Thana, dismissing the plaintiffs suit.

2. This second appeal raises a short point as to the effect of registration of a partnership after the institution of the suit. The plaintiffs were partners carrying on business as such and in the course of the partnership had dealings with the defendants. The suit was filed by the plaintiffs for recovery of possession from the defendants of suit property and also for recovery of past rents and future mesne profits. The partnership was not registered on or before 10-10-1944, when the plaint was presented at the Court at Andheri. It was subsequently registered on 16-3-1945, and the plea which was taken on behalf of the plaintiffs was that this subsequent registration of the partnership was enough to enable the plaintiffs to maintain the suit, notwithstanding the provisions of Section 69 (2), Partnership Act. The learned trial Judge, following the decision of the Madras High Court in Ponnuchami v. Muthusatni, A. I. R. (29) 1942 Mad. 252 : (I. L. R. (1942) Mad. 355)










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