BALWANTRAO AMBARAM Vs. BALDEODAS MANILAL & CO.

JUDGEMENT

(1.) THIS revision -application is filed by the defendants Balwantrao Ambaram -

(2.) MESSRS Baldeodas Manilal & Company was a partnership firm carrying on business at Ujjain and bad dealings with Messrs Balwantrao Ambaram. In course of these dealings, the defendants executed two Hundies each for Rs. 1,500 in favour of Baldeodas Manilal and Company which were to mature in the year 1948. It appears that before the date of the maturity, the partnership of Baldeodas Manilal and Company was dissolved and all the recoveries were assigned to one Baldeodas Manilal; that a farther right was specifically given to him to carry on business in future in the old firm -name:

(3.) THE plaintiffs filed a suit against the defendants to recover a sum of Rs. 3,000 and interest due from them on the basis of the Hundies which they had executed. The plaintiff filed this suit in the name of Baldeodas Manilal and Company. The defendants contested the claim on the ground that the consideration for the Hundies was the balance due on wagering transactions and therefore not recoverable through the court of law. They also contended that the firm Baldeodas Manilal and Company was dissolved before the suit was filed and the suit which was filed under the signature of Baldeodas Manilal alone was not maintainable and that the plaint should be signed by all the former partners.