Law:

Section:

(a) Pleading-Holding forth ignorance of allegations in plaint-Does not amount to denial-Duty of Court to protect minor defendant's interests against such a pleading by his Court guardian. Though it is technically true that a pleading of ignorance does not amount to denial of facts alleged in plaint, it is the duty of Court to see that a minor defendant's case is not prejudiced by such a pleading submitted by his Court guardian who was made no inquiries as to the facts of the case as disclosed in the plaint. A guardian who makes no enquiry and says in the written statement that he knows nothing of the facts cannot simply by a legal defect in the form of pleading be allowed to prejudice the minor. Such a guardian may be removed by the Court even at the appellate stage and a new written statement ordered to be filed. (b) Partnership-Not necessarily involved in mere promise of a share of profts in lieu of work. (c) Partnership Act (IX of 1932), S. 30-No legal partnership if a minor is a partner from the inception of the agreement of partnership. Partnership is an agreement and an agreement with a minor is void. No doubt under section 30 of the Partnership Act a minor can be admitted to the benefits of partnership, burin order that section 30 may apply there should be a partnership already in existence and cases where a minor became a partner, from the very inception of partnership are beyond the scope of section 30. A minor cannot become a partner even through a guardian. An agreement with a minor is void and even the minor can base no claim upon it. Muhammad Rafiq v. Qamar Din, A I R 1922 Lab. 441 and Devi Ditta Mal v. Firm Thau Mal-Parja Ram, 142 I C 203, rel. (d) Partnership-De facto, but, legally defective, and failing to produce legal effects of partnership agreement-May give rise to equitable rights. A de facto partnership, though it fails to produce the legal effects of a partnership agreement, will all the same give rise to equitable rights. Where partnership in law was not constituted by facts as disclosed in plaint, case involving a prayer for rendition of accounts was remanded for disposal on an equitable basis in accordance with principle of justice,…

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