MOHATTA BROTHERS vs BHARAT SURYODAYA MILLS Co. LTD., AHMEDABAD

The Supreme Court held that the later partnership deed executed on October 24, 1949, was not acted upon, and thus the mother did not become a partner of the appellant-firm. The Court emphasized that the evidence supported the trial court's finding that the original partnership remained intact, and the mandatory condition of Section 69(2) of the Indian Partnership Act was not fulfilled. The appeal was allowed, and the case was remanded to the High Court for disposal on merits.