( 1 ) WHEN Suit No. 582 of 1967 came up for hearing before S. S. Chadha J. on 30th September, 1975, on the original side of this Court, the learned Judge noticed that there was a conflict of judicial opinion as regards the scope of the expression "persons suing" in Section 69 (2) of the Indian Partnership Act, 1932. Considering that the said question of law is one which arises frequently in suits instituted by firms and, therefore, requires to be decided by a larger Bench, the learned Judge referred the following question :-

"whether the expression "persons suing" in Section 69 (2) of the Act means "all the partners of the firm who were its partners at. the time of the accrual of the cause of action" or it means" all the partners of the firm who are its partners at the time of the institution of the suit" ?"

IT is thus that this matter has. come up before us for our opinion on the aforesaid question of law.

( 2 ) FOR a proper appreciation of the question that has been referred, it is necessary to state briefly the facts of the case. The plaintiff firm was constituted under the name of M/s. Shaaker Housing Corporation, Tilak Nagar, New Delhi, and a deed of pa