PUVVADA VENKATA SUBBAYYA Vs. PUVVADA RAGHAVAYYA AND ANOTHER
LAWS(APH)-1955-3-49
HIGH COURT OF ANDHRA PRADESH
Decided on March 23,1955

PUVVADA VENKATA SUBBAYYA Appellant
VERSUS
Puvvada Raghavayya And Another Respondents


Referred Judgements :-

ABDUL SUBHAN SAHIB V. ABDUL RAVOOF SAHIB [REFERRED TO]


JUDGEMENT

CHANDRA REDDY,J. - (1.)This civil revision petition raises a point relating to the interpretation of Section 69 of the Indian Partnership Act.
(2.)The facts giving rise to this question are these : The petitioner and the defendants (respondents) along with some others formed a partnership for carrying on business in tobacco. In 1948, on the death of one of the partners, the partnership was dissolved and accounts were settled. It was found that the defendants were liable to pay the plaintiff a sum of Rs. 154-9-7 and the former agreed to pay this sum to him. As evidencing this, they signed in the account-books of the plaintiff. Since the defendants defaulted to make this payment, a suit was filed by the plaintiff in the Court of the Additional Small Cause Judge, Masulipatam. One of the defences to the suit was that it was not maintainable as the partnership was not registered as required by Section 69 of the Indian Partnership Act. This objection found favour with the lower Court and the suit was dismissed. The aggrieved plaintiff has filed this petition.
(3.)It is urged in support of this petition that the view of the Small Cause Judge that the suit is barred under Section 69 (2) of the Indian Partnership Act is erroneous and that the suit for recovering the amount agreed to be paid by the respondents on the settlement of the accounts could be sustained.
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