DHARAM VIR Vs. JAGAN NATH

JUDGEMENT

(1.) THIS Letters Patent Appeal against the order of the learned Single Judge dated 14th December, 1962, arises in the following circumstances:

(2.) ON 10th November, 1949, a partnership deed was executed between Dharam Vir, plaintiff, and Jagan Nath, Ram Saran Das, Bhim Sen and Sat Pal, defendants. The partnership was formed to take over the business of "bhartia Kam Kaj Corporation" and its allied concern "bhartia Art Pictures". The preamble of the said deed mentions Dharam Vir as the owner of the said two concerns Sat Pal was, on the date of execution of the partnership deed a minor being 8/9 years old and the fact of his minority is expressed in the document itself. Disputes arose between the partners and the firm was agreed to be dissolved with effect from 7th March, 1950. Sat Pal minor, acting through his father, brought a suit on 22nd May. 1951, for rendition of accounts of the dissolved partnership, or in the alternative, for dissolution of the partnership and rendition of accounts His brother Dharam Vir, appellant, who was defendant No. 4 in that suit supported the plaintiff in his written statement but the remaining partners contested the suit Before the Court trying that suit a preliminary objection was raised by the contesting defendants that since a minor could not enter into any contract of partnership the contract was void and unenforceable This objection prevailed with the trial Court which rejected the plaint by its order dated 25th January 1952 An appeal against the said judgment also failed and on 4th of March 1953 Dharam Vir appellant filed a suit out of which the present appeal arises. The trial Court framed the following four issues:

(3.) ISSUE No. 4 was decided against the plaintiff and the suit was dismissed. The Additional Senior Subordinate Judge, Delhi, by his judgment dated 13th February, 1957, allowed the appeal filed by Dharam Vir and decided that the contract of partnership could not be treated as void in so far as the parties other than the minor were concerned. The suit was, therefore, remanded to the trial Court for disposal in accordance with law. Aggrieved by the said judgment of the Additional Senior Subordinate Judge, Delhi, Jagan Nath defendant filed an appeal in this Court. The said appeal was, it appears, by mistake registered as first appeal from order No. 59-D of 1957, though this was a second appeal. The appeal was heard by our learned brother S. B. Capoor, J. who allowed the same by his judgment dated 14th December 1962 and the present Letters Patent Appeal is directed against the said judgment.