1954 (7) TMI 33

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....dents : Sarat Chandra Janah and Arun Kumar Janah, Advs. JUDGMENT K.C. Das Gupta, J. 1. The question in these cases is whether the bar under Sub-sections (1) and (2) of Section 69 Partnership Act, which is extended by Sub-section (3) of the same section 'to a claim of set-off or other proceeding to enforce a right arising from a contract' applies to defence taken in the written sta....

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.... on the basis of a partnership, he will be debarred from doing so unless the partnership is registered. The next effect is that if any person is by "any proceeding" seeking "to enforce a right" arising from a contract on the basis of a partnership he will be debarred from doing so, unless the partnership is registered. Can it be reasonably said that when a defendant tries to defeat the claim of....

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.... to try to defeat the plaintiff's claim to certain properties. There is no attempt to enforce their own. rights. Reliance was placed on certain observations in -- 'Jamal Usman v. Firm Umar Haji Karim Shop', AIR 1943 Nag 175 (A), to the effect that a claim arising out of a contract set up in defence to negative the right of suit of the plaintiff is placed under the same disability as th....