V BASAVAYYA Vs. N KOTTAYYA

JUDGEMENT

(1.) Veguntha Basavayya, as sole plaintiff, filed O.S. No. 209 of 1952 in the Court of the Principal District Munsif, Eluru, for a dissolution of partnership business carried on between him (plaintiff) and the defendant and for accounts. The case of the plaintiff was that he and the defendant were partners of a partnership firm and did business from 1944 to 1947 in sundry articles and cloth. The defendant contested the suit raising various contentions which result ed in various issues. Of them, Additional Issue No. 1 framed on 31-7-1954 was: "Whether the suit is not maintainable by reason of the suit partnership being void"? The learned Principal District Munsif heard this as a preliminary issue and held that the suit partnership was illegal, void and unenforceable and that the suit was not main tainable. Accordingly he dismissed the suit with costs. The plaintiff filed A.S. No. 36 of 1955 before the learned Subordinate Judge, Eluru. The latter framed 3 single point for decision, namely, "Whether the suit is maintainable or not". He agreed with the trial Court and dismissed the appeal. Thereupon the plaintiff filed this second appeal.

(2.) When the second appeal originally came up for hearing before our learned brother, Seshachalapathi, J. he passed an order dated 3-8-1961 as follows :

(3.) The points which arise are: (1) Whether the suit partnership is void? And (2) Whether the suit is not maintainable on that ground?