V J MASARWALA Vs. P SHETH AND CO

JUDGEMENT

(1.) the petitioner before me is the original defendant and the opponent is the original plaintiff. The plaintiff is a partnership firm and it is contended that it has been registered under the provisions of the Indian Partnership Act 1932 (herein after referred to as the Act). The plaintiff firm filed Summary Suit No. 4508 of 1974 against the defendant in the Court of Small Causes at Ahmedabad for the recovery of Rs. 2048/ 80 with interest and notice charges against the defendant and the question arises as to whether the requirements of sec. 69(2) of the Partnership Act were complied within the facts and circumstances of this case. It has been set out in the plaint that the cause of action arose to the plaintiff firm on 8/04/1972 The partnership deed was entered in to prior to 1971 and two persons Umesh Prahladbhai Sheth and Mehul Prahladbhai Sheth were joined as minors who were admitted to the benefits of the partner ship. Out of these two minors Umesh attained majority on 10/06/1971 and Mehul attained majority on 14/09/1973 The suit came to be filed on 7/10/1974 It is common ground that the names of Umesh and Mehul were not shown in the entry in the register of firms and their names were not added after they respectively attend majority. The provi- sions of the Act have to be looked at in order to arrive at the conclusion on this question.

(2.) Sec. 30 of the Act deals with the minors admitted to the benefits of partnership. Under sub-sec. (5) of sec. 30 it is provided that at any time within six months of his attaining majority or of his obtaining know- ledge that he had been admitted to the benefits of partnership whichever date is later such person may give public notice that he has elected to become or that he has elected not to become a partner in the firm and such notice shall determine his position as regards the firm. Under proviso to sub-sec. (5) of sec. 30 if he fails to give such notice he shall become a partner in the firm on the expiry of the said period of six months.

(3.) Sec. 63 of the Act deals with recording of changes in and disso- lution of a firm. Sub-sec. (2) of sec. 63 provides that when a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner and the firm is then a registered firm he or his agent specially authorised in this behalf may give notice to the Registrar that he has or has not become a partner and the Registrar shall deal with the notice in the manner provided in sub-sec. (1) of sec. 63 and the notice has to be filed along with the state- ment relating to the firm filed under sec. 59 of the Act.