ORDER

Bennet, J. - This is a civil revision by a defendant against a Small Cause Court decree. The suit was on account books for a debt. The claim was for Rs. 100 principal and Rs. 36 interest up to the date of the suit at 2 per cent, per mensem. The first point taken is that Section 69, Partnership Act, applied to the plaintiff firm and the suit was not maintainable. This section makes it necessary for a firm to be registered before it can sue. Section 5 of the Act states that the relation of partnership arises, from a contract; and not from status and in particular the members of a Hindu undivided family carrying on a family business as such are not partners in such business. The plaintiffs are father and son forming a joint Hindu family and therefore they do not come u/s 69, Partnership Act. Learned Counsel desired to take a further point not in his memorandum of revision to the effect that under Order 30, Rule 1(2) the plaint on behalf of the firm could not be verified by one member only. This particular plaint has been signed and verified by the father alone. But as the father and son form a joint Hindu family Hindu father as manager can act on be half of the family by signing