Rejection of plaint for non-registration of firm.
arun
(Querist) 18 March 2013
This query is : Resolved
a complainant wants to recall his complaint and asking the court to allow to make a fresh case after the defendant has proved that the complaint has not been registered. After this they have registered the firm later and now want to file the case once more. Is it allowed. Can somebody cite some instances or similar cases.
Thanks
Raj Kumar Makkad
(Expert) 18 March 2013
It is not understood how a defendant can be in a complaint case?
Second thing is what is the relevance of the registration of complaint which according to you has been proved by the defendant?
Third is how the registration of the firm has relation with the withdrawal of the complaint?
First reply these vital queries then raise your fresh query with full detail.
arun
(Querist) 18 March 2013
Sorry my mistake. complainant is a partnership firm which had not been registered as on the complaint date. Can a non-registered firm file a case for recovery, which itself is in doubt ? The registration is done much later. Can the plaint be rejected for non-registration of firm. Can the complaint file another case after withdrawing the first ?
Thanks
ajay sethi
(Expert) 18 March 2013
yes on obtaining leave from court can with draw case and file again
prabhakar singh
(Expert) 18 March 2013
If by expression "complaint" you mean a Civil suit of realization by an unregistered
partnership firm then it is true that such a PLAINT(which you are calling complaint)can be rejected by the court under order 7 rule 11 (d) of the Civil Procedure Code.
A fresh suit can be filed after the rejection after getting it registered subject to law of limitation.
Also the suit can be allowed to be withdrawn with liberty to file a fresh
suit but before order of rejection to be passed under order 7 rule 11 (d) of the Civil Procedure Code.Here too fresh suit would be subject to law of limitation.
R.K Nanda
(Expert) 18 March 2013
search indiankanoon.com.
Devajyoti Barman
(Expert) 18 March 2013
If the court gives liberty then only you can file case afresh albeit after registering the fir.
Raj Kumar Makkad
(Expert) 18 March 2013
There is no legal hurdle to even continue the present suit if the opposite party has not raised any objection thereto as the firm has during the pendancy of the suit has got registered.
prabhakar singh
(Expert) 18 March 2013
ABSOLUTELY MISCONCEIVED ANSWER.SUCH A PLEA CAN BE RAISED AT ANY STAGE OF THE SUIT EVEN IF NO REJECTION APPLICATION WAS MOVED.
prabhakar singh
(Expert) 18 March 2013
THE PROVISION MAKES A UNREGISTERED FIRM NON SUITOR.
Raj Kumar Makkad
(Expert) 19 March 2013
An unregistered Firm will not be able to sue any third party for recovery of the dues. Whereas third parties would be able to sue the unregistered Partnership firm.
Raj Kumar Makkad
(Expert) 19 March 2013
Some experts need to read their own comments. Are those comments for others?
http://www.lawyersclubindia.com/experts/Maintainence-from-wife-379061.asp#.UUiHCRdTDsk
Devajyoti Barman
(Expert) 19 March 2013
Here the plaintiff is firm, not defendant.
Raj Kumar Makkad
(Expert) 19 March 2013
Unregistered firm cannot sue means its status must be as of a plaintiff which debars it to file a suit for recovery and this is the query of the author.
