Skip to content


Sri Meenakshi Mills Ltd. by Managing Agents, K.R.M.T.T. Thiyagaraja Chettiar and Co. Vs. C. Swaminatha Mudaliar and Bros. by Partners S. Arokiaswami Mudaliar and anr. - Court Judgment

LegalCrystal Citation
Subjectcivil
CourtChennai
Decided On
Reported inAIR1944Mad443
AppellantSri Meenakshi Mills Ltd. by Managing Agents, K.R.M.T.T. Thiyagaraja Chettiar and Co.
RespondentC. Swaminatha Mudaliar and Bros. by Partners S. Arokiaswami Mudaliar and anr.
Excerpt:
- - the suit was brought by the son of a deceased partner, and it is now argued that the registration of the father's name holds good for the son, as if the relationship were that of a coparcenary.byers, j.1. the learned subordinate judge has overlooked the mandatory provisions of section 69 (2), partnership act. the suit was brought by the son of a deceased partner, and it is now argued that the registration of the father's name holds good for the son, as if the relationship were that of a coparcenary. section 63 (1) of the act provides for the correction of the register when changes occur in the constitution of a registered firm; as the plaintiff has not had his name included in the register, section 69 (2) is a bar. the suit is not maintainable and it is ordered to be dismissed with costs throughout.
Judgment:

Byers, J.

1. The learned Subordinate Judge has overlooked the mandatory provisions of Section 69 (2), Partnership Act. The suit was brought by the son of a deceased partner, and it is now argued that the registration of the father's name holds good for the son, as if the relationship were that of a coparcenary. Section 63 (1) of the Act provides for the correction of the register when changes occur in the constitution of a registered firm; as the plaintiff has not had his name included in the register, Section 69 (2) is a bar. The suit is not maintainable and it is ordered to be dismissed with costs throughout.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //