1. The plaintiff, a partnership firm who had succeeded before the trial court and lost before the first appellate court is the appellant in this second appeal. This second appeal is directed against the judgment and decree dated 20.1.1998 made in A.S. No. 70 of 1997 on the file of the Principal District Judge, Chengalpattu in setting aside the judgment and decree dated 31. 1997 made in O.S.No. 67 of 1984 on the file of the Sub Court, Thiruvellore.

2. This court ordered notice of motion to the respondents as the controversy requires to be decided in this second appeal lies in a narrow compass and it is not necessary to refer to the exhibits as such.

3. The question that has been raised before this court being whether the lower appellate court has acted illegally in framing an issue and deciding the same against the appellant without a pleading or proof with respect to either registration of the firm or the bar as to adjudication of claim at the instance of an unregistered firm without raising a jurisdictional ground in the memorandum of appeal.

4. It was further contended that the lower appellate court has acted with illegality in dismissing the suit against the 9th