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Rajagopala Pillai Vs. Krishnasami Chetti - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Reported in(1898)8MLJ261
AppellantRajagopala Pillai
RespondentKrishnasami Chetti
Excerpt:
- .....to. the fact that the partnership is being wound-up is not of itself sufficient to authorise a surviving partner to bind the representatives of a deceased partner by acknowledging a debt.4. the second appeal is dismissed with.....
Judgment:

1. The District Judge's finding is sufficiently clear. The only question raised was whether or not there was a partnership at the time of the acknowledgment. This the Judge negatives.

2. A surviving partner cannot bind the representatives of a deceased partner unless he is authorised to do so. It is not suggested in this case that the surviving partner was so authorized except in so far as that is implied by the continuance of the partnership and this is negatived by the Judge.

3. We are unable to see that the law is in any way affected by the Sections of the Contract Act referred to. The fact that the partnership is being wound-up is not of itself sufficient to authorise a surviving partner to bind the representatives of a deceased partner by acknowledging a debt.

4. The second appeal is dismissed with costs


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