A. v. Sundaram Chettiar VS T. O. Ittimathu and Brothers by Proprietor, Ittimathu
1945-01-15
SOMAYYA
body1945
DigiLaw.ai
JUDGMENT Somayya, J. 1. The findings are accepted. The result is that the defendant is entitled to be given credit for Rs. 1,449-14-8 in addition to the sums which are found in the plaintiffs accounts. The lower Court has found that these payments are true. On the other side, the plaintiff is entitled to get a sum of Rs. 1,372-3-9 in all for all the three periods covered by the suit. The final result is that nothing is owing to the plaintiff. It was argued that the defendants firm is an unregistered firm and that therefore the defendants are not entitled to prefer the appeal. I cannot accept this argument. Section 69 of the Partnership Act prohibits a suit by the members of an unregistered firm. If a suit is filed against certain persons who carry on business without getting themselves registered and a decree is passed, they certainly ought to have the right of preferring an appeal and of questioning the correctness of the decisions of the trial Court. I, therefore, reject this contention. The result is that the second appeal fails and is dismissed with costs. (No leave).