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In Re: Arunagiri Mudaliar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1936Mad697
AppellantIn Re: Arunagiri Mudaliar and anr.
Excerpt:
- .....withdrawal of the suit by the partners who have not been registered as a firm could be no bar to a suit filed on the same cause of action by the same per-sons when and if they get themselves registered as a firm under the partnership act. for the latter suit would be technically by a different plaintiff. i do not see any reason why the unqualified dismissal of a suit filed by a number of persons be-cause they are a firm and are not registered under the partnership act, should be any bar to the institution of a suit on the [same cause of action by the same persons when they have got themselves registered. the defect which existed in the case, namely the non-registration of the firm, and which the learned district munsif held to be a mere formal defect not preventing him from giving.....
Judgment:
ORDER

Stodart, J.

1. I do not think this is a case in which the High Court should interfere. Petitioners have been amply compensated in costs. The withdrawal of the suit by the partners who have not been registered as a firm could be no bar to a suit filed on the same cause of action by the same per-sons when and if they get themselves registered as a firm under the Partnership Act. For the latter suit would be technically by a different plaintiff. I do not see any reason why the unqualified dismissal of a suit filed by a number of persons be-cause they are a firm and are not registered under the Partnership Act, should be any bar to the institution of a suit on the [same cause of action by the same persons when they have got themselves registered. The defect which existed in the case, namely the non-registration of the firm, and which the learned District Munsif held to be a mere formal defect not preventing him from giving permission to file a fresh suit-a fresh suit I presume to be filed after the firm is registered under the Partnership Act-may not be a mere formal defect, but I do not think it matters, for the reasons stated. Even if the suit had been dismissed in limine a new suit by the firm after registration would not be barred. The petition is dismissed.


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