( 1 ) APPEAL is admitted on following substantial question of law:

"whether the First Appellate Court was right in allowing the appeal and dismissing the suit on the ground that the suit filed by the plaintiff/respondent for recovery of amount on the basis of an agreement entered into between the plaintiff and the defendant, who were partners in a firm was not tenable under the law in view of section 69 (2) (a) as applicable to the State of Maharashtra ?"

( 2 ) WITH consent of the learned counsel for the parties, matter is taken up for final hearing immediately. Perused the judgments of both the Courts below as well as the relevant oral and documentary evidence.

( 3 ) TO state in brief, it is the case of the plaintiff/appellant that the defendant/respondent was already carrying on business as proprietor in the name and style of 'manerkar Traders' at C. S. No. 1259, "c" Ward, Laxmipuri, kolhapur. There were cordial relations between the plaintiff and the defendant. In January, 1996, the defendant offered to admit the plaintiff as a partner in his business and this offer was accepted. As per the agreement, plaintiff paid some amounts to the defendant towards the capital in the business.

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