The learned Subordinate Judge has overlooked the mandatory provisions of Section 69(2) of the Indian Partnership Act. The suit was brought by the son of a deceased partner, and it is now argued that the registration of the father's name holds good for the son, as if the relationship were that of a coparcenary. Section 63(1) of the Act provides for the correction of the register when changes occur in the constitution of a registered firm; as the plaintiff has not had his name included in the register, Section 69(2) is a bar. The suit is not maintainable and it is ordered to be dismissed with costs throughout.
N.R.R
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