RAMPRASAD Vs. DUNGARSIBHAI
HIGH COURT OF MADHYA PRADESH
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Nevaskar, J. -
(1.) THIS , revision petition arises out of a suit brought by Dungarsibhai, Bababhai and Gopaldas for the: recovery of a sum of its. 4587/ - on the basis of transactions in cotton and cotton seeds which took place between the parties in Samvat Year 2002.
(2.) PLAINTIFFS alleged that they dealt in the name of Firm Suvodhchandra Bababhai and Company from .Samvat Year 2001 to 2005 and the claim in suit .arises in respect of the transactions of that firm. One, of the points raised on behalf of the Defendants was that the Plaintiffs being the partners of a Firm the suit was not maintainable as the firm is act registered in view of the provisions of Section 69(2) Of the Partnership Act.
(3.) THE suit was filed on 16 -7 -1951. At that time the Indian Partnership Act had come into force. Prior to the coming into force of the Indian Partnership Act, there was the Madhya Bharat Partnership Act, which contained provisions similar to Section 69 of the Indian Partnership Act. The question which was therefore before the trial Court for consideration was as to whether the present suit was barred by reason of the provisions of Section 69(2) of the Indian Partnership Act.
This was issue No. 6 among issues fixed by the Court. .This issue was tried as a preliminary issue and the Court an consideration of the facts and circumstances surrounding the transaction in suit came to the conclusion that the suit is maintainable. He held that Section 69(2) will have no application as the present claim is for recovery of assets of a dissolved firm.
He relied in this connection on the decision reported in Appaya Nijlingappa v. Subarao Babaji, AIR 1938 Bom l08 (A). He further held that inasmuch, as the right for the enforcement of which the present suit is filed had accrued to the Plaintiffs in .Samvat Year 2002 when the Partnership Act was not in force, He was of opinion that although the suit had been filed subsequent to the coining into force of the Partnership Act, such a suit is saved by Section 74 of the Act.;
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