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1974 Supreme(Ker) 79

P.SUBRAMONIAN POTI, K.K.NARENDRAN
KERALA ARECANUT STORES – Appellant
Versus
RAMKISHORE AND SONS – Respondent


Judgment :-

1. The question for decision here is quite an interesting one. Whether the suit by a partner of an unregistered firm for recovery of money claimed on the dishonour of a cheque endorsed in favour of the firm would be maintainable is the question in controversy. It was contended that the suit is barred by S.69 (2) of the Indian Partnership Act. The court below, while holding in favour of the plaintiff on the merits of the case, dismissed the suit accepting this contention. The plaintiff has, hence, come up to this court in appeal.

2. The plaintiff company claims to be a firm registered under the Indian Partnership Act. The plaintiff is said to be the managing partner. Admittedly the first defendant issued three cheques, one for Rs. 7500/-, another for Rs. 5000/- and yet another for Rs. 2500/-, all of the date 2141965 in favour of the second defendant firm and the second defendant firm receiving consideration endorsed these cheques to the plaintiff. These were sent for collection by the plaintiff to the Canara Bank Limited, but they were dishonoured and returned to the plaintiff, The plaintiff therefore claims the amount of the cheque together with the interest and also the


















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