Bell, J.

1. Te petitioners were defendants 1, 2 and 4 in a suit brought against them and the other members of their family by one Bodappa Chettiar for the price of goods sold and delivered to the defendants by an unregistered firm of which the plaintiff and one Jayarama Chetti were or had been partners. The goods were sold and delivered between 16th September 1939 and 29th April 1943. The defendants appeared and took the objection, among others, that the suit, being one to recover a debt due to the partnership was not maintainable Under Section 69, Partnership Act. Bodappa Chettiar promptly applied to the District Munsif for leave to amend his plaint by stating that the said partnership had in fact been dissolved on 7th July 1941 and that, under the terms of the dissolution he had become entitled to sue for out standings due to the partnership. This amendment was allowed. The objection was again raised at the trial and was overruled by the District Munsif on the ground that as the suit was, in effect, one by a plaintiff who had become entitled under the deed of dissolution to sue, it was not affected by the prohibition of Sub-section (2) of Section 69, Partnership Act.

2. There