ASOKA SERVICE Vs. K. PALANIAPPAN

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree, dtd. 4/12/2007 made in A.S. No.99 of 2007 on the file of the I Additional SubCourt, Coimbatore, confirming the Judgment and Decree, dtd. 4/6/2007 made in I.A. No.110 of 2006 in O.S. No.2449 of 2004 on the file of the II Additional District Munsif Court, Coimbatore.

(2.) This Appeal raises an interesting question of law. The point being, if a person seeks for declaration that he is a Partner of a Firm and that Firm is unregistered, whether the Suit is hit by virtue of Sec. 69(1) of the Partnership Act, 1932.

(3.) On 12/5/1975, a Firm was commenced bearing Registration No.278/ 1975, under the name and style of Asoka Service. The purpose of the Firm was to run the business of buses. At the time of formation, the Firm consisted of two Partners, namely the 2nd Plaintiff-Mirsath Begum and one Ponnusamy. This Firm was dissolved in and by way of a Deed of Dissolution, dtd. 27/1/1978, with effect from 31/12/1977.