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A.V. Sundaram Chettiar Vs. T.O. Ittimathu and Brothers by Proprietor, Ittimathu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1945Mad209; (1945)1MLJ278
AppellantA.V. Sundaram Chettiar
RespondentT.O. Ittimathu and Brothers by Proprietor, Ittimathu
Excerpt:
- .....the defendants are not entitled to prefer the appeal. i cannot accept this argument. section 69 of the partnership act prohibits a suit by the members of an unregistered firm. if a suit is filed against certain persons who carry on business without getting themselves registered and a decree is passed, they certainly ought to have the right of preferring an appeal and of questioning the correctness of the decisions of the trial court. i, therefore, reject this contention. the result is that the second appeal fails and is dismissed with costs.(no leave).
Judgment:

Somayya, J.

1. The findings are accepted. The result is that the defendant is entitled to be given credit for Rs. 1,449-14-8 in addition to the sums which are found in the plaintiff's accounts. The lower Court has found that these payments are true. On the other side, the plaintiff is entitled to get a sum of Rs. 1,372-3-9 in all for all the three periods covered by the suit. The final result is that nothing is owing to the plaintiff. It was argued that the defendant's firm is an unregistered firm and that therefore the defendants are not entitled to prefer the appeal. I cannot accept this argument. Section 69 of the Partnership Act prohibits a suit by the members of an unregistered firm. If a suit is filed against certain persons who carry on business without getting themselves registered and a decree is passed, they certainly ought to have the right of preferring an appeal and of questioning the correctness of the decisions of the trial Court. I, therefore, reject this contention. The result is that the second appeal fails and is dismissed with costs.

(No leave).


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