NOKHU Vs. GOKAL

JUDGEMENT

(1.) After hearing learned counsel for the parties, I have come to the conclusion that the order under revision cannot be upheld.

(2.) The Court below has refused to go into the question as to whether the suit was barred under the provisions of Section 69 of the Indian Partnership Act on the following two grounds:

(3.) Learned counsel for the petitioners argued--and in my opinion with great justification--that the mandatory provisions of Section 69, Partnership Act, could not be defeated on either of the above two grounds. Reliance was placed by him on the following authorities Lokramdas Chatomal v. Tharumal Shewaram, AIR 1939 Sind 206 (A). There, a Division Bench of that Chief Court observed that: