Minor cannot create a partnership by contract; Section 247 only permits admission to existing partnership benefits.

Section 247 of the Indian Contract Act, 1872 allows only admission of a minor to the benefits of an already existing partnership and does not give a minor capacity to create a partnership by contract. Because a minor's contract is void under Section 11, the minor could not validly bring the firm into existence and then claim the benefit of admission. The distinction between a contractual partnership and a Hindu joint family arrangement was material, and Section 184 did not supply contractual capacity. The appeal succeeded, the remand was set aside, and the trial court's dismissal was restored with costs.

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Issues: Whether a minor could create a partnership by contract and be made liable under Section 247 of the Indian Contract Act, 1872 by being admitted to the benefits of the partnership; whether Section 247 could override the incapacity of a minor to contract under Section 11 of the Indian Contract Act, 1872.

Analysis: Section 247 permits a minor to be admitted to the benefits of an existing partnership, but it does not confer on a minor the legal capacity to create a partnership in the first place. A partnership of the kind in question must already exist before a minor can be admitted to its benefits. Since a minor's contract is void and not merely voidable, the minor could not validly bring the firm into existence by contract and then claim admission to its benefits. The distinction between a contractual partnership and a Hindu joint family arrangement was material, and the agency principle under Section 184 did not supply a power in the minor to contract.

Conclusion: The minor could not create the partnership or be made liable on that basis, and the contention based on Section 247 failed.

Final Conclusion: The appeal succeeded, the remand was set aside, and the trial court's dismissal was restored with costs against the plaintiffs.

Ratio Decidendi: Section 247 of the Indian Contract Act, 1872 enables only the admission of a minor to the benefits of an already existing partnership and does not override the minor's incapacity to contract under Section 11.

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