MANGOO PRITAMLAL AND ORS. Vs. GENERAL IRON HARDWARE STORES FIRM

JUDGEMENT

(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.

(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.