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2011 Supreme(P&H) 358

K.KANNAN
Haryana Glue Works, Palwal – Appellant
Versus
Kapoor Singh – Respondent


Advocates:
For the Appellant in FAO No.399 of 1988: None.
For the Respondents No.1 to 3: None.
For the Respondent No.4:Mr. Gautam Bhardwaj, Advocate for Mr. N.K. Khosla, Advocate.
For the Appellant in FAO No.400 of 1988:Mr. Chander Singh, Advocate.
For the Respondents No.1 to 3, 5 & 6: None.
For the Respondent No.4:Mr. Gautam Bhardwaj, Advocate for Mr. N.K. Khosla, Advocate.
For the Respondent No.7:Mr. Ravinder Arora, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral):- Both the appeals are connected, the former for damages caused to the vehicle which was owned by the claimant and the latter for injuries suffered in an accident. Both the claim petitions were dismissed. The subject matter of appeal in FAO No.399 of 1988 is out of a claim lodged at the instance of M/s Haryana Glue Works represented through the Managing Partner Narain Singh. The contention was that the accident had taken place by the negligent driving of the driver of the truck. The petition was dismissed without going into the merits on the ground that claimant had not been shown to have been registered under the Partnership Act and Section 69 of The Indian Partnership Act, 1932 constitutes a bar on enforcement of claim. Section 69 of The Indian Partnership Act, 1932 reads as follows:-

“69.Effect of non-registration - (1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the R






















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