1936 Supreme(Mad) 177
IN THE HIGH COURT OF MADRAS
Stodart, J.
In Re: Arunagiri Mudaliar and Anr.
Versus
Decided On : 27.04.1936
Important Points
Subject
Civil Law - Partnership Law
Headnote
Interference - Partnership Act - Suit filed by unregistered firm
Fact of the Case:
The court found that the withdrawal of the suit by the partners who have not been registered as a firm could not bar a suit filed on the same cause of action by the same persons when and if they get themselves registered as a firm under the Partnership Act.
Finding of the Court:
The court held that the dismissal of a suit filed by a number of persons because they are a firm and are not registered under the Partnership Act should not be a bar to the institution of a suit on the same cause of action by the same persons when they have got themselves registered.
Issues: The issue was whether the non-registration of the firm under the Partnership Act was a mere formal defect and whether it would bar the institution of a new suit after registration.
Ratio Decidendi: The court found that even if the suit had been dismissed in limine, a new suit by the firm after registration would not be barred.
Final Decision: The petition was dismissed.
Stodart, J.
1. I do not think this is a case in which the High Court should interfere. Petitioners have been amply compensated in costs. The withdrawal of the suit by the partners who have not been registered as a firm could be no bar to a suit filed on the same cause of action by the same per-sons when and if they get themselves registered as a firm under the Partnership Act. For the latter suit would be technically by a different plaintiff. I do not see any reason why the unqualified dismissal of a suit filed by a number of persons be-cause they are a firm and are not registered under the Partnership Act, should be any bar to the institution of a suit on the [same cause of action by the same persons when they have got themselves registered. The defect which existed in the case, namely the non-registration of the firm, and which the learned District Munsif held to be a mere formal defect not preventing him from giving permission to file a fresh suit-a fresh suit I presume to be filed after the firm is registered under the Partnership Act-may not be a mere formal defect, but I do not think it matters, for the reasons stated. Even if the suit had been dismissed in limine a new suit by the firm after registration would not be barred. The petition is dismissed.