SPRAYLAC PAINTS CORPORATION Vs. ISHWAR CHANDER KAPOOR

JUDGEMENT

(1.) In this second appeal, a question has arisen whether a certified copy of an entry in the Register of Firms ceases to be proof of the fact of registration of a partnership firm because of i spelling mistake in the firm name in the copy.

(2.) The appellant-plaintiff filed a suit against the respondent-defendant for recovery of money with interest and costs etc. Trial of the suit proceeded on the following issues :

(3.) The trial court decided all the issues in favour of the plaintiff and decreed the suit against the defendant with costs. The Lower Appellate Court noticed the evidence on issue No. 2 and 3, it came to the conclusion that the outstanding amount can be recovered by a civil suit and that the amount due and payable has to be determined after excluding deduction made by the plaintiff from- salary paid to the defendant. But it did not go further into that matter nor did it deal with issue No. 4 as it reversed the finding of trial court on issue No. I, and, on that ground alone, accepted the appeal of the defendant, set aside the judgment and decree of the trial court and dis- missed the suit by the judgment and decree dated 6th March 1973, from which the present appeal has arisen.