- (1.) THIS is a reference made by the Income-tax Appellate Tribunal, Delhi Bench, by their order dated 7-5-1951 referring the following question for the opinion of this Court: "whether a minor son can, according to law, enter into a partnership through his mother. the natural guardian, even with the consent of the other partners?"
(2.) THE question has arisen in the following circumstances. In 1937 a partnership was entered into of which the partners were five individuals and ten units who were different Hindu undivided Families. As some doubts arose in regard to the legality of this partnership, on 13-7-1942 there was a reconstituted firm having fifteen partners 10 of whom were the managers of the Hindu Undivided Families and 5 were the other individuals.
(3.) SOHAN Lal who was a partner in this firm died and a new partnership was entered into on 28-6-1945 and one of the partners was Sohan Lal's son Satish Kumar who is described at No. 6 in the partnership deed as "satish Kumar minor son of Lala Sohan Lal B. Sc. , by his guardian and mother Shrimati Shakun-tala Devi residing at Ferozepore City". The name of this partnership was Bankarnal-Lajja-ram and the deed recites: "we the parties shall be bound by the following terms and conditions : 1. This partnership shall be in existence up to and inclusive of 31-8-1947 A. D. and the conditions agreed to by the parties hereto and set out below shall be binding on us all the parties aforesaid. No party will have power to contravene any of the conditions agreed to arid contained herein or to dissolve this partnership. 2. * * * 3. The shares of the parties in the profits and loss of this business shall be as follows * * * * (vi) Satishkumar minor son of Lala Sohan-lal by his mother Shrimati Shakumala Devi party of the 6th part Rs. 0/0/4 41/64 in a rupee * * * that is to say we all the aforesaid partners shall be entitled to receive and liable to pay profit and loss in the proportion of the aforesaid shares. * * *. ";