- (1.) THE plaintiffs, Firm Hanuman Bux Rama Kishan and Surajmal filed a suit for recovery of Rs. 254/- against Gulab Chand petitioner in the Court of the learned Civil Judge, Sambhar, on 7-2-1951, on the basis of an entry in the Rokar Ex. P. 1 of the respondent firm.
(2.) THE defendant denied the execution of Ex. P. 1, and also pleaded that the plaintiff firm having not been registered, it was not entitled to bring a suit by virtue of Section 69 of the Indian Partnership Act (hereinafter to be referred to as the Act ).
(3.) CERTAIN issues were framed, and the issue regarding the non-maintainability of the suit by virtue of Section 69 of the Act was decided first. The learned Civil judge by his order dated 8-10-1952, decided that the suit was maintainable. He further decided the remaining issues, and ultimately decreed the plaintiffs' suit in toto by the judgment dated 15-1-1953.;