This is a revision application against the order of the City Judge, Jammu, dated 8-8-1959, and arises out of the following circumstances.

(2) M/s.- Khairati Lal and Sons plaintiffs instituted a suit for the recovery of Rs. 1,000 from M/s. Cold Storage and General Mills Ltd., Jammu on 15-4-1959. The plaintiff firm was not registered under the Partnership Act on the date when the suit was instituted. The defendants in their written statement pleaded that the plaintiffs suit could not proceed in view of the plaintiff firm not being registered on the date the plaint was filed. It appears that the plaintiff firm got the partnership registered on 30-5-1959, and it was averred by them that the firm had already been registered!. The question for consideration before the trial Court was whether the registration of the firm after it had filed the suit could cure the defect.

The learned trial Judge following a Full Bench decision of this Court reported as Ghulam Mohd. v. Ghulam Mohd., 7 J and K LR 120, held that the subsequent registration cured the defect and the suit was maintainable. Against that order the defendants came up in revision to this Court and the) case was put up for