SANKA PUNNAIYA Vs. BATTU BHADRAIYA

JUDGEMENT

(1.) THIS is an application under Section 25 of the Provincial Small Cause Courts Act to revise the judgment in Small Cause Suit No. 29 of 1946 in the Court of the District Munsiff of Tenali. The applicant filed the suit claiming a sum of Rs. 294 -8 -0 due on account of dealings with the respondent. In his plaint the applicant stated that the transactions had been between the defendant and a firm in which he, the applicant, was a former partner. He pleaded that that firm was dissolved in April, 1943 and that subsequently he became solely entitled to collect the outstandings of the firm on a decree of compromise arrived at in proceedings between himself and his former partner. The District Munsiff stated in his judgment that the decision of this case depended on whether or not it was found that the suit was maintainable under Section 69 of the Partnership Act. He referred to Clause (2) of that section which lays down that,

(2.) ACCORDINGLY the case will be remanded to the trial Court for disposal in.the light of this judgment. The respondent who has not appeared at the hearing of this application will pay the applicant's costs.