Fernando Et Al. V. Jayasinghe Et Al.,

1933 Present: Dalton A.C.J. and Maartensz A.J.

FERNANDO et al. v. JAYASINGHE et. al.

92-D. C. Colombo, 30,181.

Registration of Business Names-Contract entered into by person in default-Assignment of rights under contract-Action by assignee-Ordinance No. 6 of 1918, s. 9.

The disability imposed by section 9 of the Business Names Registration Ordinance upon a person who has failed to comply with the provisions of the Ordinance does not extend to a bona fide assignee of the contractual rights of the defaulter.

THIS was an action instituted for the recovery of arrears of rent on a hire purchase agreement entered into by the plaintiff, who was carrying on business as Ceylon Auto-Carriers Company, and the defendants on May 28, 1926, by which the plaintiff hired to the defendants a Stewart bus according to certain terms.

On November 7, 1930, the plaintiff by deed No. 1,039 assigned the business carried on by him to Avitchi Chettiar, who was added as a plaintiff on February 18, 1931. The added plaintiff filed his plaint on March 6, 1931, in which he claimed the arrears of rent sued for by the plaintiff. The defence to the acti

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