1935 (4) TMI 19

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....artnership Act of 1932. The plaintiff, purporting to be a firm, entered a plaint on 27th. October 1933, which was admitted and registered on 28th November. On 23rd March 1934, be made an application to amend, the plaint after having obtained a certificate to the effect that the firm had been registered in accordance with Section 59 of the Act. The plaint was, amended accordingly, after which the w....

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....rar...a statement in the prescribed form.... 3. This had been done and therefore it is argued the registration had been effected and the suit was good. If Section 58 stood alone, this argument might have some force, but Section 59 shows that registration amounts to more than what is said in Section 58. The Registrar, under Section 59, must be satisfied that the provisions of Section 58 have bee....

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....ill have the effect of curing any irregularity in the procedure. Under that section Nothing in this Act...shall affect or be deemed to affect...; (a) any right, title, interest, obligation or liability already acquired, accrued or accrued before the commencement of this Act.... 5. The plaintiff's right to realise money from the defendant by means of a suit, if necessary, had accrued before ....

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....ht in any way, but has only regulated his procedure, and this procedure he was bound to follow. The provisions of Section 69 are mandatory, and appear to be as rigid as those of Section 80, Civil P.C. 6. It has been finally argued on behalf of the applicant that, as the plaint was amended under the orders of the Court on 4th April 1934, the suit should have been deemed to have been instituted o....