YOHANNAN GEORGE Vs. GEEVARGHESE PAPPAN

JUDGEMENT

(1.) The plaintiffs in S.C.S. No. 197 of 1959 of the Munsiffs Court of Kottarakara, who are the petitioners in this Civil Revision Petition, sued for money alleged to be due from the defendant as price of goods supplied on credit. The defendant denied the transaction and further contended that the suit was barred under S.69 of the Indian Partnership Act as the six plaintiffs constituted a firm not registered under the Act. The learned Munsiff found the transaction to be true but dismissed the suit holding that it was barred under S.69.

(2.) The only question for decision is whether the suit is liable to be dismissed under S.69 of the Partnership Act, for want of registration of the firm. This raises the further question whether the plaintiffs are partners. The finding of the learned Munsiff is:

(3.) Partnership has been defined in S.4 of the Partnership Act as: