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1969 Supreme(Ker) 39

V.R.KRISHNA IYER
BALAKRISHNA TRADING CORPORATION – Appellant
Versus
KRISHNA KURUP – Respondent


Judgment :-

1. Before a Court permits a technical plea to triumph every reasonable endeavour should be made to avoid such a consequence. Two suits were instituted by a firm on the strength of two promissory notes executed by the defendant; both were dismissed since a plea based on the bar of S.69 (2) of the Partnership Act found favour with the lower court.

2. I shall dispose of both the C. R. Ps. by a common judgment because the suits are between the same parties, and have both been dismissed on the same point viz., the bar of S.69 (2) of the Partnership Act. The plaintiff, in both the suits, is a firm registered under S.59 of the Indian Partnership Act. In fact the promissory-notes executed by the defendant show that the promisee is a registered firm. What is more, Exts. A4 and A5 also prove that the firm is registered. Therefore, the contention in the written statement that the firm is not registered has not found favour with the lower court. But, according to the learned Munsiff, there are two ingredients to be established under S.69 (2), the first being the registration of the firm and the second being the showing of the plaintiff-partner in the register of firms as a partner o




















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