MADDI SUDARSANAM Vs. BOROGU VISWANADHAM BROTHERS
HIGH COURT OF ANDHRA PRADESH
BOROGU VISWANADHAM BROTHERS
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(1.) The question in this Second Appeal is whether S. 69 ( Partnership Act, 1932 is a bar to the maintainability of the suit.
(2.) The facts giving rise to the said question of law may be stated: A firm known as "Burugu Viswanadhan Bros." consisting of five persons viz., Burugu Mahadevudu, his brother Burugu veerayya, Parripati Venkatarathnam, and his two brother Subrahmanyam and Venkata Subba Rao as partners was formed in 1925. They executed a registered agreement on 8-6-1925 setting out the terms and conditions of the partnership. The Partnership Act (hereinafter referred to as the Act) came into force in 1932. The firm of Burugu Viswanadham Bros. consisting of those partnerss was registered under the Act in 1933. The names of the said five partners are shown in the Register of Firms as partners of the firm. Burugu Veerayya died on 17-7-39.Parripati Venkatarathnam and his two brothers became divided on 11-11-1939. Under the partition the interests of the three brothers in the assets and liabilities of the firm was taken over by Venkatarathnam and his brother Subramanyam. The third brother Venkata Subba Rao retired from the partnership.On 24-6-1940 Mahadevudu, Venkatarathnam and Subrahmanyam executed a fresh agreement of partnership Ex. B.1. No notice either of the death of Veerayya or of the retirement of Venkatasubba ao had been given to the Registrar. The suit dealings with the defendant firm, the Bala Tripura Sundari Groundnut Mill & Company, Inkole, Bapatia, were commenced after 1940. The suit was filed by the plaintiff firm for recovery of a sum of Rs.3951-4-0 from the defendants in respect of the dealings they had with them.
(3.) The defendants, inter alia, contended taht time plaintff firm was different from that constituted in the in the year 1925, that it was not registered under the Parnership Act, and that S. 69 (2) of the Act was a bar to the maintainability of the suit.;
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