AIR 1959 PUNJAB 530 ::61 Pun LR 434 ::ILR (1959) Punj 817

Punjab High Court

Hon'ble Judge(s): K. L. Gosain, A. N. Grover , JJ

(A) Partnership Act (9 of 1932) , S.69, S.63— Firm registered - Death of a partner - Fresh registration for purposes of S.69(2) not necessary. The provisions contained in Ss. 58 to 63 are permissive and enabling provisions. Section 69(2) does create a bar to the institution of a suit by or on behalf of a firm against a third party, but the only conditions which are provided and which have to be fulfilled for institution and trial of the suit are - (a) that the firm should be registered, and (b) the persons suing should be shown in the Register of firms as partners. There is no provision in S. 69, or in Chapter VII dealing with registration of firms which makes fresh registration necessary in any of the contingencies provided for by Ss. 61 to 63. If a firm is duly registered and if one of its partners dies, the registration for the purposes of S. 69 of the Partnership Act does not come to an end. AIR 1940 Bom 257, Rel. on.(Para 4) Anno : AIR Man., Partnership Act, S. 69 N. 6, 7, S. 63 N. 1. (B) Civil P.C. (5 of 1908) , O.41 R.1— New case. A party cannot be allowed to travel beyond the pleadings and make out a totally new case in appeal.(Para 3) Anno : AIR Com., C.P.C., O. 41 R. 1 N. 12. ....