RAMPRASAD Vs. DUNGARSIBHAI

JUDGEMENT

(1.) THIS , revision petition arises out of a suit brought by Dungarsibhai, Bababhai and Gopaldas for the: recovery of a sum of its. 4587/ - on the basis of transactions in cotton and cotton seeds which took place between the parties in Samvat Year 2002.

(2.) PLAINTIFFS alleged that they dealt in the name of Firm Suvodhchandra Bababhai and Company from .Samvat Year 2001 to 2005 and the claim in suit .arises in respect of the transactions of that firm.

(3.) THE suit was filed on 16 -7 -1951. At that time the Indian Partnership Act had come into force. Prior to the coming into force of the Indian Partnership Act, there was the Madhya Bharat Partnership Act, which contained provisions similar to Section 69 of the Indian Partnership Act. The question which was therefore before the trial Court for consideration was as to whether the present suit was barred by reason of the provisions of Section 69(2) of the Indian Partnership Act.