SHYAM SUNDER Vs. KEDAR MAL

JUDGEMENT

(1.) THIS is a defendants' second appeal in which the principal point raised by the learned counsel for the appellant is that there was an agreement to ply truck No RJL 1507 in partnership by the parties, even though the truck was not owned by them nor the premises was owned by them. According to the appellant, therefore, the agreement was invalid, and this principle has been laid down in 1969 RLW 377.

(2.) IN my opinion the submission is fallacious. IN the instant case there is no analogy of the facts mentioned in 1969 RLW 377 case where the suit was for accounts and dissolution of partnership firm which according to the facts of that case was illegal and against public policy.