JUDGMENT :

A.K. Rath, J.

The legal heirs of the defendant are the appellants against the reversing judgment.

2. Plaintiff-Respondent no.1 instituted the suit for realisation of 4841.08 ps. with pendente lite and future interest. Case of the plaintiff is that it is a registered firm. The firm deals in mohua flower, jaggery and other commodities. On 30.1.1963, the defendant opened one mutual and current account with the plaintiff-firm and used to take goods on credit and deposit money according to his convenience. The account was maintained by the plaintiff in due course of business. On 3.2.1968, defendant purchased mohua flower amounting to Rs. 432.28 ps. He deposited an amount of Rs. 474/- on 13.3.1968. Thereafter, he stopped payment. An amount of Rs. 4131.03 ps. was outstanding against the defendant as on 30.3.1968. When all the persuasions made by the plaintiff to clear up the outstanding dues ended in a fiasco, he filed the suit.

3. Defendant filed a written statement pleading, inter alia, that the plaintiff-firm is not registered under the Indian Partnership Act. The suit is barred under Sec.69 of the Partnership Act. There was no outstanding due against him.

4. Stemming on the plea