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Issues:
Validity of a hire-purchase agreement under the Partnership Act, 1932. Interpretation of Section 69(2) of the Partnership Act regarding non-registration of firms and its impact on maintaining a suit. Analysis: The case involved an appeal against the judgment of the Bombay High Court regarding the maintainability of a suit filed by a firm under a hire-purchase agreement. The appellants, a registered partnership firm engaged in hire-purchase of automobile vehicles, entered into an agreement with the respondent for a diesel truck. The agreement allowed the respondent to purchase the truck upon fulfilling certain conditions. However, the respondent failed to pay the monthly hire charges as per the agreement, leading to a dispute and subsequent legal action by the appellants. The main issue revolved around the interpretation of Section 69(2) of the Partnership Act, 1932, which states that a suit to enforce a right arising from a contract cannot be instituted by an unregistered firm against a third party. In this case, at the time of filing the suit, the partnership firm had undergone changes in its constitution, with partners retiring and new partners joining, without proper notice to the Registrar of Firms. As a result, the partners suing were not reflected accurately in the Register of Firms, rendering the suit non-maintainable under the provisions of Section 69(2). The Supreme Court upheld the decisions of the Trial Court and the High Court, emphasizing that the suit was clearly hit by the provisions of Section 69(2) due to the discrepancies in the registration status of the partners at the time of filing. The Court concluded that the suit was not maintainable as per the law, despite subsequent amendments to the plaint. The judgment highlighted the importance of compliance with registration requirements under the Partnership Act for enforcing contractual rights through legal action. Ultimately, the appeal was dismissed, affirming the non-maintainability of the suit and ordering costs to be paid by the appellants.
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