IN THE HIGH COURT OF BOMBAY
Shah P.S. Pendse M.L., JJ.
Gandhi Co.....Appellants.
Versus
Krishna Glass Pvt. Ltd.....Respondents.
Appeal No. 520 of 1983, decided on 7-7-1987.
Advocates appeared:
G.K. Munshi i/b. Thakordas and Madgavkar, for appellants.
A.N. Mody with Rajeev Kumar i/b. Bhai Shanker Kanga Girdharlal.
Held. Name of partner who had signed plaint and verified it on behalf of firm had not been shown in Register firms on date of filing of suit. Suit filed by partnership firm was, therefore, not maintainable. Liable to be dismissed.
2. At the time of the hearing of the suit the appellants produced a xerox copy of the extract from the Register of Firms. This extract bears out that initially the firm was started on October 21, 1962, with five partners and was got registered on September 11, 1964. There were in addition three minors admitted to the benefits of the partnership on different dates and the entries give the respective dates on which the minors would attain the majority. As regards one person by name Bharatkumar, it appears that the necessary dates have not been typed while taking out the extract and may be that he was also a minor admitted to the benefits of the partnership. What is material for our purpose is the entry dated December 11, 1973, which shows that two partners viz. Rasiklal Narottamdas Gandhi and Kiritkumar Manekchand Gandhi joined the partnership firm and became partners thereof on April 8, 1966. It is this Rasiklal Gandhi whose name is mentioned in para. 7 of the plaint as a partner of the appellant-firm and who has declared the plaint as a partner on behalf of the firm. The respondents amended their written statement making clear averment as regards the non maintainability in the suit on the ground that the name of Rasiklal who is a partner of the appellant-firm has not been shown in the Register of Firms on the date of filing of the suit as required by the provisions of Section 69(2) of the Partnership Act. It was contended that the suit is not maintainable for non-compliance of the mandatory requirements of section 69(2) of the Act. The learned Single Judge accepted this contention and dismissed the suit on this preliminary ground.
3. The short question that arises before us is whether the fact that the name of one of the partners whose name was not recorded with the Register of Firms as a partner on the date of the filing of the suit would attract the bar of the provisions of section 69(2) of the Partnership Act, notwithstanding the fact that the name of such a partner is recorded in the Register of Firms subsequent to the filing of the suit.
4. In order to appreciate the rival contentions it would be useful to note the provisions of section 69 of the Act which deals with the effect of non-registration. Section 69 contains four
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