P. N. SHINGHAL, J.

( 1 ) THIS second appeal is by the plaintiff who has been unsuccessful in both the courts below.

( 2 ) THE two courts below have not gone into the merits of the controversy regarding the claim for the recovery of money, but have taken the view that the suit is barred under Section 69 (2) of the Partnership Act, As this is the only point for consideration in this second appeal, it is not necessary to state all the facts. It will be sufficient to say that the plaintiff averred in paragraph 1 of the plaint that the plaintiff was a registered partnership firm of which Suraj Bux, Jagdish Narain, nathulal and Sita Ram were the owners. This was denied by both the defendants. Defendant No. 2 pleaded that the plaintiff was an unregistered partnership concern of which Murlidhar and Daluram were also partners. In paragraph 7 of the written statement it was stated that unless the plaintiff could establish that the firm was registered and the names of all its partners including Murlidhar and Daluram were shown as partners, the suit would be barred under Section 69 of the Partnership act. The first issue therefore related to the question whether the plaintiff was a r