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Asked by ravikumarsgr - 6 years ago
Hello sir, I want to know on what section and procedure to file a suit by unregistered partnership firm consists 2 partners against a third person to collect a debt.
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kc5255 Level 38 / Out of the Workforce
Answered 6 years ago
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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN INDIA FOR LEGAL ADVICE

The Indian Partnership Act was passed in 1932 to define and amend the law relating to partnership. Indian Partnership Act is one of very old mercantile law. Partnership is one of the special types of Contract. Initially, this was part of Indian Contract Act itself (Chapter IX - sections 239 to 266), but later converted into separate Act in 1932.

The Indian Partnership Act is complimentary to Contract Act. Basic provisions of Contract Act apply to contract of partnership also. Basic requirements of contract i.e. legally enforceable agreement, mutual consent, parties competent to contract, free consent, lawful object, consideration etc. apply to partnership contract also.


PARTNER CANNOT SUE IF FIRM IS UNREGISTERED - No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. [section 69(1)]. - - Thus, a partner cannot sue the firm or any other partner if firm is unregistered. - - If third party files suit against a partner, he cannot claim of set off or institute other proceeding to enforce a right arising from a contract. - - Suit or claim or set off upto Rs 100 can be made as per section 69(4)(b), but it is negligible in today’s standards. - - Criminal proceedings can be filed, but civil suit is not permissible.

UNREGISTERED FIRM CANNOT SUE THIRD PARTY - 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. [section 69(2)]. - - If third party files suit against the unregistered firm, the firm cannot claim set off or institute other proceeding to enforce a right arising from a contract. - - Suit or claim or set off upto Rs 100 can be made as per section 69(4)(b), but it is negligible in today’s standards. - - Criminal proceedings can be filed, but civil suit is not permissible.

click on the link for more reading
http://www.rprabhakar.com/partnership_la...
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