PARTNERSHIP NOT LEGAL ENTITY
ASHWANI GAGNEJA
(Querist) 17 July 2009
This query is : Resolved
WHEN PARTNERSHIP IS NOT A LEGAL ENTITY, THEN WHY IN THE INDIAN PARTNERSHIP ACT, THE FIRM HAS TO BE REGISTERED WITH REGISTRAR OF FIRMS FOR FILING A LEGAL SUITE. WILL APPRECIATE, IF SOMEONE PROVIDES ME A QUOTE FROM ANY JUDGEMENT BY ANY HIGH OR SUPREME COURT IN THIS REGARD.
Murali Krishna
(Expert) 17 July 2009
Because a partnership firm is not legal entity, Partnership Act imposes certain restrictions on unregistered firms.
These disabilities, may force partners to go for registration, since registration will protect their rights.
Manish Singh
(Expert) 24 July 2009
Dear Mr. Ganeja,
Even the registration of a firm does not make that firm a legal entity. the registration only gives the right to the partners to file a suit on the firm's name but dont provide any further right.
its not like that if a firm is not registered, we can not file a suit. still a suit can be filed and rights of teh firm can be enforced, but in a different way. in taht situation the suit must be filed only in the name of teh partners. Firm's name can not be used for filing the suit therof. you can enforce ur rights by filing a suit on all the partners names.
ASHWANI GAGNEJA
(Querist) 24 July 2009
Dear Mr. Manish
Thanks a lot for your valuable information. I have to ask another question.
WE HAVE FILED A RECOVERY SUITE AGAINST A PRIVATE LTD. CO. IN TIS HAZARI COURT. OUR FIRM WAS REGISTERED WITH REGISTRAR OF FIRMS IN MAY 1994. EITHER BY OUR OR SUB REGISTRAR'S MISTAKE, THE NAME WAS MENTIONED IN THE REGISTRATION AS AVS INDUSTRIES INSTEAD OF AVS SILVERPLATE. IF, WE GET THE AMENDMENT FROM REGISTRAR'S OFFICE NOW, PLEASE LET US KNOW WHETHER THE AMENDMEND BE EFFECTIVE FROM THE DATE OF REGISTRATION OR THE CURRENT DATE BEFORE COURT OF LAW.
CAN YOU PLEASE ADVISE ME OF ANY RUILING BY ANY HIGH OR SUPREME COURT.
ALSO, PLEASE SEND US YOUR CONTACT AT gagneja@gmail.com SO THAT WE CAN DISCUSS THIS MATTER FURTHER. LOOKING FORWARD TO YOUR EARLY REPLY.
THANKS & BEST REGARDS
ASHWANI GAGNEJA
Prakash Yedhula
(Expert) 24 July 2009
File an application under Section 64 of the Partnership Act, which is as follows:
Section64 RECTIFICATION OF MISTAKES. (1) The Registrar shall have power at all time to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with into documents relating to that firm filed under this Chapter.
(2) On application made by the all parties who have signed any document relating to a firm filed under this Chapter, the Registrar may rectify any mistake in such document or in the record of note thereof made in the Register of Firms.
Manish Singh
(Expert) 26 July 2009
Dear Mr. Gangeja,
you must look inyo the fact whether at the time of filing the registearion u had mentioned the name you wished r not along with the name mentioned in ur partnership deed. if it was the same u wished to have, then the correction shall have retrospective effect other it shall amount to change og name.
