MANGOO PRITAMLAL AND ORS. Vs. GENERAL IRON HARDWARE STORES FIRM
LAWS(MPH)-1955-8-9
HIGH COURT OF MADHYA PRADESH
Decided on August 02,1955

Mangoo Pritamlal And Ors. Appellant
VERSUS
General Iron Hardware Stores Firm Respondents

JUDGEMENT

Nevaskar, J. - (1.) PLAINTIFF firm viz. The General Iron and Hardware Stores of Khargone filed a. suit against Defendants Mangoo s/o Pritamlal, Dagoobai w/o Pritamlal and Jagannath s/o Narayan, for the recovery of Rs. 2,000/ - as the price of goods supplied to the Defendants worth Rs. 1,404/ - and Rs. 506/4/6 as interest after giving up a claim for As. 4 -6 on 20 -3 -1952
(2.) THE Defendant in his written statement 'inter alia' contended that the Plaintiff firm being nregistered partnership firm the present suit was incompetent. Issue No. 2 bearing on this question was treated by the trial Court as preliminary issue. On hearing arguments of both sides on this question the trial Court held that the Plaintiff firm was a partnership concern and its registration was indispensible under the Madhya Bharat Partnership Act. It, therefore, relying upon the decision reported in 'Nand Kishore v. Firm Maheswari Mills, Morona', AIR 1953 MP 42(A), dismissed the Plaintiff's suit.
(3.) PLAINTIFF preferred appeal lagainst this decision and the appellate Court set aside the decision holding that in as much as claim in suit in respect of a claim arising prior to the commencement of the Act it was saved by Section 73 of the Act. He therefore, remanded the case for trial on merits. The present appeal is directed against that order of remand.;


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