1944 Supreme(Mad) 3

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 registration of the father's name does not automatically hold good for the son, and Section 69(2) of the Partnership Act acts as a bar when the plaintiff's name is not included in the register.

Headnote:

Partnership Act - Registration of Firm - Son's Rights - Summary: The court highlighted the mandatory provisions of Section 69(2) of the Partnership Act and emphasized that the registration of the father's name does not automatically hold good for the son, barring the son's rights as if in a coparcenary relationship.

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, akin to a coparcenary relationship.

Finding of the Court:

The court found that the suit was not maintainable as the plaintiff's name was not included in the register, and Section 69(2) of the Partnership Act acted as a bar. The court ordered the suit to be dismissed with costs throughout.

Issues: The overlooked mandatory provisions of Section 69(2) of the Partnership Act and the son's claim based on the registration of the father's name.

Ratio Decidendi: The court emphasized that the registration of the father's name does not automatically hold good for the son, and Section 69(2) of the Partnership Act acts as a bar when the plaintiff's name is not included in the register.

Final Decision: The suit was deemed not maintainable, and it was ordered to be dismissed with costs throughout.