1934 (7) TMI 16

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....e in a suit brought by the petitioners against the opposite party No. 1 for recovery of a certain sum of money. The learned Munsif has dismissed the suit on the ground that Section 69, Clause (2), Partnership Act of 1932 is a bar against the present suit. It is not disputed before us that the petitioner and the opposite party (2) constituted a firm as contemplated by Section 4,&nbsp....

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....ight to sue, the object of the legislature being to put pressure upon the unregistered firms to come on the Register under the provisions of the new Act. Prima facie such an enactment would be unjust, no opportunities were given to them to register for no fault of theirs, they would be deprived of the right to enforce a claim which accrued to them before the Act came into operation. In order to ob....

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....enforcement: of claims accrued before the commencement of the Act, if such suits are started after Section 69 begins to operate. Again Section 69, being an enactment which deals with procedure only, i.e., the mode in which a right of action already existing shall be asserted, may be considered as retrospective in its operation and may be held to apply prima facie to all actions; pen....

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....f the allocation of the words is in itself precise and unambiguous no difficulty arises. But if the terms are ambiguous then the intention of the legislature must be sought for in the statute as a whole. As already pointed out the other section in the Act would go to indicate that the intention of the legislature was to bring Section 69 into operation against the firms, if they do not re....