Query of partnership firm - registration in process.
CA Shraddha Vora
(Querist) 10 August 2013
This query is : Resolved
As per the provisions of Indian Partnership Act, 1932, only a registered partnership firm can file a suit. However there is no mention about filing of case by a firm whose registration is in process.
A partnership firm is having its application for registration in process since 2 years. So can it file a suit against any person?
Riddhi
prabhakar singh
(Expert) 10 August 2013
NO!It can not unless it gets registration certificate showing name of all partners.
One thing more that no relaxation of limitation would be available on this score.
Normally registrations are not processed for that a long period of twoooooooyears.
Advocate Bhartesh goyal
(Expert) 10 August 2013
See sec 69 of Indian Partnership Act,you will get the answer of your query
69. Effect of non-registration
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.
No suit to enforce a right a rising 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.
The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect-
the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm, or
the powers of an official assignee, receiver or court under the Presidency-towns Insolvency Act, 1909 (3 of 1909) or the Provincial Insolvency Act, 1920 (5 of 1920) to realise the property of an insolvent partner.
ajay sethi
(Expert) 10 August 2013
agree with experts . get firm regd then take legal proceedings
Devajyoti Barman
(Expert) 10 August 2013
yes, making registration of firm should be your first priority.
Raj Kumar Makkad
(Expert) 15 August 2013
You need to get the registration of your firm from the registrar of firms and societies.
