( 1 ) BY this writ petition, the petitioner who is the original plaintiff in Special Civil Suit No. 139 of 1987 filed in the Court of m joint Civil Judge, S. D. , Solapur impugns a judgment and order dated 14-2-1991 passed by the III Joint Civil Judge, S. D. , Solapur dismissing the plaintiffs suit with costs. By the impugned judgment and order the plaintiffs suit was dismissed as not maintainable for want of registration of the firm "m/s Asian Gas agency". The trial Court concluded that the suit was barred by provisions of section 69 of the Indian Partnership Act, 1932.

( 2 ) THE case of the plaintiff as per his averments in the plaint was briefly as follows : that the plaintiff and the defendant were partners of the firm named "m/s asian Gas Agency". There were five other partners of the firm. A partnership deed was executed by and between seven partners on 22-4-1984. The defendant had been conferred an agency by Hindustan Petroleum Limited. The defendant however, did not have capital needed to conduct the business and he therefore, requested the plaintiff to provide the same. By taking the plaintiff and other partners into confidence, the partnership deed referred to hereinabove

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