High CourtsDivision Bench(1944) 01 MAD CK 0017

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 Another

Madras High Court · Decided on 4 January 1944 · Citation: AIR 1944 Mad 443 : (1944) 57 LW 126

HON’BLE JUDGES
Byers, J

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Judgment

5 paragraphs · 109 words

Byers, J.—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.