Summarize the following court judgment. ivil Appeal No. 1548 of 1974. From the Judgment and Order dated 12.12. 1972 of the Bombay High Court in F.A. No. 152 of 1972. V.A. Bobde	 B.R. Agarwala and R.B. Hathikhanwala for the Appellants. M.S. Gupta for the Respondents. The Judgment of the Court was delivered by KANIA	 J. This is an appeal by special leave granted under Article 136 of the Constitution of India against the judgment of a Division Bench of the Bombay High Court (Nagpur Bench) in First Appeal No. 152 of 1972	 the judgment having been delivered on December 12	 1972. The appellants are a firm registered under the Partner ship Act	 1932 and inter alia carry on the business of hire purchase of automobile vehicles. The appellants were the owners of a diesel truck complete with tools and other accessories. On January 24	 1962 respondent No. 1 hired the said truck from the appellants under a Hire Purchase Agree ment in writing of the same date. Under the said agreement	 respondent No. 1 agreed to pay to the appellants a sum of Rs. 10	000 as initial hire charges and certain monthly hire charges. It was provided under the said agreement that on the payment of all the monthly hire charges and other amounts payable under the agreement 486 on the respective due dates and fulfilment of the other terms and conditions of the agreement	 respondent No. 1 would have the option to purchase the said truck. However	 if any of the monthly hire charges were not paid or there was a breach of any of the terms and conditions of the agreement	 the appellants were entitled to take possession of the truck. Until respondent No. 1 validly exercised the option to purchase the said truck	 the said truck was to remain the property of the appellants. Respondent No. 2 is the guarantor. Respondent No. 1 failed to pay the monthly hire charges to the appellants as provided under the agree ment. In fact	 he paid only the initial hire of Rs. 10	000 and hire charges for one month only. Giving up certain claims for damages and other items the appellants filed a suit in the Court of Civil Judge (Senior Division) at Nagpur for recovery of a sum of Rs. 13	422.23 p against the re spondents. Several issues were framed by the learned Trial Judge and they were all decided in favour of the appellants. However	 the learned Trial Judge dismissed the suit on the ground that it was not maintainable in view of the provi sions of section 69(2) of the Partnership Act	 1932. The appellants preferred an appeal against this decision to the Bombay High Court (Nagpur Bench). The said appeal was	 however	 dismissed by the High Court upholding the view of the learned Trial Judge regarding the non maintainability of the suit. It is against this decision	 that the present appeal is directed. In order to appreciate the controversy before us	 it is necessary to take note of a few further facts none of which is disputed. The appellant firm was registered under the Partnership Act	 1932 on November 2	 1960. There was a change in the consti tution of the firm on July 1	 1962 but we are not concerned with that change. What is material is that	 on July 1	 1967	 there was another change in the constitution of the firm whereby two of the then partners retired and one new part ner	 namely	 Smt. Sarita Agrawal joined as a partner of the said firm; and two minors	 namely	 Ashish Kumar and Rohit Kumar were admitted to the benefits of the said partnership firm. On the said date	 namely	 July 1	 1967 two of the then partners	 namely	 Smt. Sheela R. Agrawal and Shri Ramkishan retired as aforestated from the said partnership firm. The suit was instituted on July 22	 1968. The notice regarding the change in the constitution of the said firm as aforesaid was given to the Registrar of Firms on August 28	 1968 and a note was taken of the said change in the Register of Firms subsequently. Thus	 as pointed out by the learned Trial Judge	 on the date when the suit was filed	 two partners shown as partners in the appellant firm in the relevant entries in the Register of Firms had 487 already retired	 one new partner had joined the said firm and two minors had been admitted to the benefit of the said partnership firm and no notice had been given to the Regis trar of Firms in respect of these changes. The notice re garding these changes was given to the Registrar of Firms subsequently and noted on November 19	 1968. Section 69 of the said Partnership Act deals with the effect of non registration of firms. Sub section (2) of the said section	 which is material for the purposes of this appeal	 runs as thus: "(2). No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. " In the present case the suit filed by the appellants is clearly hit by the provisions of sub section (2) of section 69 of the said Partnership Act	 as on the date when the suit was filed	 two of the partners shown as partners as per the relevant entries in the Register of Firms were not	 in fact	 partners	 one new partner had come in and two minors had been admitted to the benefit of the partnership firm regard ing which no notice was given to the Registrar of Firms. Thus	 the persons suing	 namely	 the current partners as on the date of the suit were not shown as partners in the Register of Firms. The result is that the suit was not maintainable in view of the provisions of sub section (2) of section 69 of the said Partnership Act and the view taken by the Trial Court and confirmed by the High Court in this connection is correct. Although the plaint was amended on a later date that cannot save the suit. Reference has been made to some decisions in the judgment of the Trial Court; however	 we do not find it necessary to refer to any of them as the position in law	 in our opinion	 is clear on a plain reading of sub section (2) of section 69 of the said Part nership Act. In the result	 the appeal fails and is dismissed with costs. N.P.V. Appeal dismissed.

Under a Hire Purchase agreement entered into with the appellant	 a firm registered under the Partnership Act	 1932	 carrying on the business of hire purchase of automo bile vehicles	 Respondent No. 1 hired the truck owned by the appellant	 under the agreement Respondent No. 1 agreed to pay initial hire charge of Rs. I0	000 and certain monthly hire charges on due dates. On the failure of Respondent No. 1 to pay the monthly hire charges	 after paying the initial hire charges and charges for one month	 the appellant filed a suit against Respondent No. 1 and his guarantor on July 22	 1968	 for the recovery of a sum of Rs. 13	422.23 for breach of terms and conditions of the agreement. There was a change in the constitution of the firm on July 1	 1967 with the retirement of two of the then part ners	 and addition of one new partner as also admission of two minors to the benefits of the Partnership. This change was notified to the Registrar of Firms on August 28	 1968 and was duly taken note of in the Register of Firms subse quently. Thus	 no notice of the change had been given to the Registrar of firms. The Trial Judge dismissed the suit as not maintainable in view of Section 69(2) of the Partnership Act	 1932. Upholding this decision	 the High Court dismissed the appeal of the firm. Hence	 the appeal	 by special leave	 by the appellant firm. Dismissing the appeal	 the Court. HELD: Sub section (2) of Section 69 of the Partnership Act lays down that no suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing were or had been shown in the Register of Firms as partners in the firm. [487C] In the present case	 the suit tided by the appellant firm is clearly 485 hit by the provisions of sub section (2) of Section 69 of the said Partnership Act	 as on the date when the suit was filed	 two of the partners shown as partners as per the relevant entries in the Register of Firms were not	 in fact	 partners	 one new partner had come in and two minors had been admitted to the benefit of the partnership firm regard ing which change no notice was given to the Registrar of Firms. Thus	 the persons suing	 namely	 the current partners as on the date of the suit were not shown as partners in the Register of Firms. Therefore	 the suit was not maintainable in view of the provisions of sub section (2) of section 69 of the Partnership Act	 1932. [487D E] Although the plaint was amended on a later date	 that cannot save the suit.