Jamal Mohideen & Co. V. Meera Saibo Et Al.,

1920. Present : Bertram C.J. and De Sampayo J.

JAMAL MOHIDEEN & CO. v. MEERA SAIBO et al.

85-D. C. (Inty.) Colombo, 174.

Registration of Business Names Ordinance, No. 6 of 1918, s. 9-Partner-ship-Non-compliance with the provisions of s. 9-Action on a note-May action be suspended till provisions are complied with ?

The plaintiffs, who were partners carrying on business under the name of Jamal Mohideen & Co., brought this action for the recovery of the balance due on a promissory note. At the. time the action was brought the first plaintiff had registered his business name. The District Judge held that the second plaintiff joined the firm after the note was given, but before the action was brought. Upon the second plaintiff joining the firm, the additional particulars required by section 7 of Ordinance No. 8 of 1018 were not furnished.

The District Judge made an order suspending the action until the plaintiffs complied with the provisions of the Ordinance.

Held, that (1) the plaintiffs rights were their right at the date of the institution of the action.

(2) If the second plaintiff joined the firm after the executi

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