Acknowledgement of liability by one partner binds firm and other partners - Partner disputing his signature in document acknowledging liability - courts compared disputed signatures with admitted signatures to hold that acknowledgement letter was signed by one partner Such comparison by court is valid and correct.

Citation

1998 (1) СТС 432 (Mad)

IN THE HIGH COURT OF MADRAS

K. Sampath, J.S.A.No. 1558 of 1984.February 25, 1998

Arul Jothi and Co., Rep. by Its Partner M. Chinnasamy and 4 Others...Appellant

Vs.

Sri Shanmugha Trading Co., Rep. by Its Partner M. Thangavelu...Respondent

Evidence Act, 1872. Section 73 Comparison of signature with admitted signature Power of court Dealings between partnership firm and plaintiff Suit filed on basis of acknowledgement of liability by one partner Partner disputing his signature in document acknowledging liability Lower courts compared disputed signatures with admitted signatures to hold that acknowledgement letter was signed by one partner Such comparison by court is valid and correct. [Para 5]

Partnership Act, 1932. Sections 19 and 22 Implied and express powers of partners Acknowledgement of liability by one partner Whether binds firm and other partnersAcknowledgement is valid in absence of direct evidence of specific authority by one partner with regard to other partner Partner acknowledging liability had also placed orders Acknowledgement of liability by one partner binds firm and other partners. [Para 5]

Code of Civil Procedure, 1908. Section 100 Raising of new plea in second appeal Plea that account between appellants and respondent was not open mutual and running account No material placed to establish such plea -Plea can not be raised for first time in second appeal. [Para 5]