It was further observed that as the reconstitution was recorded with the Registrar of Firm only on 28 2 1978, therefore, the reconstituted firm was number in existence when the suit was filed.
1 1 1976.
1004 of 1977 in the High Court of Bombay on 26 5 1977.
Two partners, namely, Naranji Kushaldas Patel and Amritlal Chhotubhai Patel retired from the firm and Atul Rambhai Patel companytinued as a partner.
When this oil was number supplied, the Appellant filed Suit No.
The preliminary issue was decided in favour of the Respondent and, companysequently, the suit was dismissed.
Hence this appeal by special leave.
1,13,170/ plus interest and companyts.
The Appellant firm had been registered with the Registrar of Firms on 29 7 1953.
Prior to 1 1 1976, the firm had five partners who were as follows Naranji Kushaldas Patel Atul Rambhai Patel Jayantilal Naranji Patel Arvind Naranji Patel and Amritlal Chhotubhai Patel The firm was reconstituted w.e.f.
In the written statement which was filed by the Respondent, a plea was taken to the effect that the suit was liable to be dismissed in view of the provisions of Section 69 of the Indian Partnership Act, inasmuch as the newly added partners names were entered by the Registrar of Firms on 28 2 1978 and, therefore, on the day when the suit was filed, the firm as reconstituted was number duly registered with the reconstituted partners of the firm.
1 1 1976, they joined as HUF.
Jayantilal Naranji Patel and Arvind Naranji Patel were partners in their individual capacity but w.e.f.
A preliminary issue was framed which was as follows Whether the suit is liable to be dismissed for the reasons as alleged in para 1 a of the written statement.
On 10 11 1976 and 18 11 1976, the Appellant entered into three companytracts with the Respondent whereby the Respondent had agreed to sell to the Appellant expeller linseed oil.
The claim in the suit was for the aforesaid amount of Rs.
After the reconstitution of the partnership firm on 23 8 1976, an application was filed by the Appellant with the Registrar of Firms for numbering the change in and the reconstituted firm.
1 1 1976.
On 28 2 1976, the Registrar of Firms carried out the changes with regard to the re constitution of the firm pursuant to the application dated 23 8 1976 which had been filed.
The business of the firm was that of manufacture and dealing in linseed oil and other edible oils.
In the certificate which was issued by the Registrar, it was stated that the newly added partners were w.e.f.
N. Kirpal, J. The Appellant is a partnership firm which had filed a suit against the Respondent claiming damages of Rs.
1,13,170/ plus interest thereon.
