K.S. Menon, J.

1. This is an application to revise an order of the District Munsif of Vellore, dated 30th March, 1936, dismissing an application of the plaintiff to amend the plaint and to treat the suit as having been instituted on 25th September, 1933 or on 28th March, 1936, the date of the application for amendment.

2. The plaintiff in this suit is a firm. When the defendant raised the objection that as the firm was not registered the suit was liable to be dismissed in view of the provisions of Section 69 of the Indian Partnership Act, the plaintiff got the firm registered and applied for the amendment of the plaint as mentioned above. The lower Court dismissed the application holding that by the amendment the defect which existed at the time of the institution of the suit could not be rectified and that the suit could not be treated as having been instituted on the date of the petition for amendment; hence this petition.

3. It is not disputed - and indeed it is clear that the suit as originally instituted was incompetent because of the provisions of Section 69 of the Indian Partnership Act. It is also clear that any subsequent amendment of the petition after getting the fi