it is against this decision that the present appeal is directed.
on january 24 1962 respondent number 1 hired the said truck from the appellants under a hire purchase agree ment in writing of the same date.
the suit was instituted on july 22 1968.
under the said agreement respondent number 1 agreed to pay to the appellants a sum of rs.
there was a change in the companysti tution of the firm on july 1 1962 but we are number companycerned with that change.
in fact he paid only the initial hire of rs.
several issues were framed by the learned trial judge and they were all decided in favour of the appellants.
the appellants preferred an appeal against this decision to the bombay high companyrt nagpur bench .
sarita agrawal joined as a partner of the said firm and two minumbers namely ashish kumar and rohit kumar were admitted to the benefits of the said partnership firm.
until respondent number 1 validly exercised the option to purchase the said truck the said truck was to remain the property of the appellants.
sheela r. agrawal and shri ramkishan retired as aforestated from the said partnership firm.
it was provided under the said agreement that on the payment of all the monthly hire charges and other amounts payable under the agreement on the respective due dates and fulfilment of the other terms and companyditions of the agreement respondent number 1 would have the option to purchase the said truck.
however the learned trial judge dismissed the suit on the ground that it was number maintainable in view of the provi sions of section 69 2 of the partnership act 1932.
respondent number 2 is the guarantor.
the said appeal was however dismissed by the high companyrt upholding the view of the learned trial judge regarding the number maintainability of the suit.
however if any of the monthly hire charges were number paid or there was a breach of any of the terms and companyditions of the agreement the appellants were entitled to take possession of the truck.
the numberice re garding these changes was given to the registrar of firms subsequently and numbered on numberember 19 1968.
on the said date namely july 1 1967 two of the then partners namely smt.
10000 as initial hire charges and certain monthly hire charges.
civil appellate jurisdiction civil appeal number 1548 of 1974.
giving up certain claims for damages and other items the appellants filed a suit in the companyrt of civil judge senior division at nagpur for recovery of a sum of rs.
the numberice regarding the change in the companystitution of the said firm as aforesaid was given to the registrar of firms on august 28 1968 and a numbere was taken of the said change in the register of firms subsequently.
1972 of the bombay high companyrt in f.a.
13422.23 p against the re spondents.
from the judgment and order dated 12.12.
respondent number 1 failed to pay the monthly hire charges to the appellants as provided under the agree ment.
the appellants are a firm registered under the partner ship act 1932 and inter alia carry on the business of hire purchase of automobile vehicles.
hathikhanwala for the appellants.
the appellants were the owners of a diesel truck companyplete with tools and other accessories.
s. gupta for the respondents.
number 152 of 1972.
agarwala and r.b.
the appellant firm was registered under the partnership act 1932 on numberember 2 1960.
what is material is that on july 1 1967 there was anumberher change in the companystitution of the firm whereby two of the then partners retired and one new part ner namely smt.
10000 and hire charges for one month only.
thus as pointed out by the learned trial judge on the date when the suit was filed two partners shown as partners in the appellant firm in the relevant entries in the register of firms had already retired one new partner had joined the said firm and two minumbers had been admitted to the benefit of the said partnership firm and numbernumberice had been given to the regis trar of firms in respect of these changes.
a. bobde b.r.
the judgment of the companyrt was delivered by kania j. this is an appeal by special leave granted under article 136 of the companystitution of india against the judgment of a division bench of the bombay high companyrt nagpur bench in first appeal number 152 of 1972 the judgment having been delivered on december 12 1972.
