BYERS
Sri Meenakshi Mills Ltd. by Managing Agents, K. R. M. T. T. Thiyagaraja Chettiar and Co. – Appellant
Versus
C. Swaminatha Mudaliar and Bros. by Partners S. Arokiaswami Mudaliar – Respondent
Byers, J.
1. The learned Subordinate Judge has overlooked the mandatory provisions of Section 69 (2), Partnership Act. The suit was brought by the son of a deceased partner, and it is now argued that the registration of the fathers name holds good for the son, as if the relationship were that of a coparcenary. Section 63 (1) of the Act provides for the correction of the register when changes occur in the constitution of a registered firm; as the plaintiff has not had his name included in the register, Section 69 (2) is a bar. The suit is not maintainable and it is ordered to be dismissed with costs throughout.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.