Law: Partnership Act, 1932

Section: 19

(a) Firm--- Balance due from-One partner executing pronote in consideration of balance-Suit based on balance and not on pronote-Firm is liable. The plaint showed that the suit was not founded on pronote. The pronote itself evidenced what was due on an existing account between the parties, the purport clearly was that the plaintiff sued the three defendants as constituting one firm, on the debt, and not merely on the pronote. The firm therefore was liable. A I R 1933 Bom. 101 and A I R 1928 Lah. 722 distinguished. (b) Partnership Act (IX of 1932), S. 19-Objection that plaintiff firm is not registered-Cannot be allowed to be raised for first time to revision. Objection that plaintiff firm is unregistered cannot be allowed to be raised for the first time in revision because it involves a question of fact and is net a pure question of law. It may be that Karim Bakhsh is the sole proprietor of "Fair Brothers". In that case there could be no exception taken to the competency of the suit. The failure of the petitioners to raise this point in the trial Court precludes them from agitating it in this Court. JUDGMENT RAHMAN, J.---This order will dispose of Civil Revision No. 2 of 1952 which has arisen out of a suit brought by Karim Bakhsh for recovery of Rs. 499 from Mubarik Ali and his two sons, Shaukat Ali and Zafar Ali alias Muzaffar Ali, whom he described as propreitors of the shop known as `Mubarik Ali & Sons'. The suit was decreed by the Judge, Small Cause Court, Lahore, with costs and two of the judgment-debtors, namely, Mubarik Ali and Shaukat Ali, have appealed. To appreciate the points raised in revision it is necessary to mention briefly the facts on which the claim was founded. In the plaint Karim Bakhsh stated that the defendants were proprietors of 'Mubarik Ali & Sons' and that from the 5th January 1945 till the 2nd March 1945, they got work done by the plaintiff to the value of Rs. 882-0-9, but they paid only Rs. 694-12-0 from time to time. On the 2nd March 1945, the balance of Rs. 187-4-9 was acknowledged as due from the defendants on their behalf by defendant No. 2, Shaukat Ali, in the plaintiff's account book under his own signature. Again from…

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