P RAGHURAMA SHETTY Vs. B C SAVADI

JUDGEMENT

(1.) This is a revision petition against the decree of the Prl Munsiff, Chikodi in Small Cause Suit No.13 of 1971 decreeing the suit of the plaintiff against defendant 1.

(2.) The plaintiff brought the suit on the allegation that it was a registered firm. The deiendant denied this allegation in the written statement. On the question whether the plaintiff was a firm registered under the Partnership Act, the Munsiff decided in favour of the plaintiff on the oral statement of PW.1, one of the partners of the firm.

(3.) On behalf of the petitioner it was urged that the trial Court was wrong in deciding the issue on the oral evidence. Under S.69(2), Partnership Act, no suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registerd and the persons suing are ox have been shown in the Register of Firms as partners of the firm. S.91, Evidence Act, lays down that in all cases in which any matter is required by law to be reduced to writing, no evidence shall be given in proof of such matter except the writing itself ox secondary evidence of it in cases in which such evidence is admissible.