JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C. against the judgment and decree dated 04.12.2007 made in A.S.No.99 of 2007 on the file of the I Additional Sub Court, Coimbatore confirming the judgment and decree dated 04.06.2007 made in I.A.No.110 of 2006 in O.S.No.2449 of 2004 on the file of the II Additional District Munsif Court, Coimbatore.

This Second Appeal is filed against the judgment and decree dated 04.12.2007 made in A.S.No.99 of 2007 on the file of the I Additional Sub Court, Coimbatore, confirming the judgment and decree dated 04.06.2007 made in I.A.No.110 of 2006 in O.S.No.2449 of 2004 on the file of the II Additional District Munsif Court, Coimbatore.

2. This appeal raises an interesting question of law. The point being, if a person seeks for declaration that he is a partner of a Firm and that Firm is unregistered, whether the suit is hit by virtue of Section 69(1) of the Partnership Act, 1932.

The short facts leading to this appeal are:

3. On 12.05.1975, a firm was commenced bearing Registration No.278/1975, under the name and style of Asoka Service. The purpose of the firm was to run the business of buses. At the time of formation, the firm consist