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1976 DIGILAW 173 (MP)

Chhatradhariram v. Ramchandra Agarwal

1976-12-02

K.K.DUBE

body1976
Short Note : Briefly, the matter arises thus: Admittedly the respondent was carrying on a partnership business and it was not a registered partnership firm. For transactions between 1-11-1959 and 25-2-1963, the plaintiff claimed an amount of Rs. 3,912.73 which amount included the interest. When the suit had been instituted the firm had dissolved and its business was looked after by Ram Chandra Agarwal one of the partners. Held : The only point for consideration before me is whether the dissolved un-registered firm could avail of the benefit of section 69 of the Partnership Act to maintain the present suit. The case is squarely covered by the decision in Chhotelal v. Gopaldas, 25 MPLC 318. 2. The right to sue accrues solely as a partner in a firm and if the firm is unregistered no suit for money on the basis of transactions in the un-registered firm can be brought. In this view of the matter the second appeal must succeed. The suit would not be tenable as stated above. AIR 1960 Pat. 397 dissented from. 25 MPLC 318 relied on. Appeal allowed.