SUCHA SINGH AND CO Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for the recovery of Rs. 2500/- was decreed by the trial court but has been dismissed in appeal.

(2.) The plaintiff-firm Sucha Singh & Company filed the present suit through its partner Sucha Singh for the recovery of Rs. 2100/- as principal and Rs. 400/- as interest thereon on the basis of a pronote and the receipt alleged to have been executed by the defendant on 30th December, 1970 and the rate of interest settled between the parties was Re. 1 per cent per month. In the written statement filed on behalf of the defendant-appellant, the claim of the plaintiff was denied in toto and it was pleaded inter alia that Sucha Singh was not competent to file the suit and that an amount of Rs. 622.23 was also due from the plaintiff-firm to the defendant. On the pleadings of the parties, the trial Court framed the following issues :-

(3.) In appeal filed on behalf of the defendant, he only contested the finding of the trial Court on issue No. 3. The findings on the other issues were not contested. The lower appellate Court relying upon the provisions of Section 69 of the Indian Partnership Act, came to the conclusion that Sucha Singh plaintiff was not competent to file the present suit because subsequent registration of the plaintiff-firm after the institution of the suit could not validate the proceedings. As a result of these findings, the decree of the trial Court was set aside and the plaintiff's suit was dismissed. Dissatisfied with the same the plaintiff has come up in second appeal in this court.