1944 Supreme(Mad) 2

IN THE HIGH COURT OF MADRAS
Byers, J.
Sri Meenakshi Mills Ltd. by Managing Agents, K.R.M.T.T. Thiyagaraja Chettiar and Co.
Versus
C. Swaminatha Mudaliar and Bros. by Partners S. Arokiaswami Mudaliar and Anr.
Decided On : 04.01.1944

The absence of the son's name in the register constituted a bar to the suit, as per the mandatory provisions of Section 69(2) of the Partnership Act.

Headnote:

Partnership Act - Registration of Firm - Summary: The court found that the suit brought by the son of a deceased partner was not maintainable due to the mandatory provisions of Section 69(2) of the Partnership Act. The court emphasized that the registration of the father's name did not hold good for the son, and the absence of the son's name in the register constituted a bar to the suit.

Fact of the Case:

The suit was brought by the son of a deceased partner, arguing that the registration of the father's name holds good for the son.

Finding of the Court:

The court found that the suit was not maintainable due to the mandatory provisions of Section 69(2) of the Partnership Act.

Issues: The main issue was the maintainability of the suit brought by the son of a deceased partner.

Ratio Decidendi: The absence of the son's name in the register constituted a bar to the suit, as per the provisions of Section 69(2) of the Partnership Act.

Final Decision: The suit was ordered to be dismissed with costs throughout.