Unregistered firm and death of a partner
MahendraKumar.H.Trivedi
(Querist) 09 March 2018
This query is : Resolved
In a title suit filed by an unregistered firm of two partners for specific performance, during pendancy of the suit one partner died long back. No legal heirs named.
Should my lawyer have moved application to desuit the remaining partner as the firm stood dissolved. Remaining partner has not filed application to amend the plaint in his name. Should the court have admitted the suit of unregistered firm. Contract signed in the name of the firm in 1986. Suit filed in 2005, one of the two partners died in 2011, issues framed in 2013, Suit came on board in 2014.Regards.
MahendraKumar.H.Trivedi
(Querist) 10 March 2018
Wrt above firm since constituted unregistered and never did any business admitted by surviving partner
MahendraKumar.H.Trivedi
(Querist) 10 March 2018
Wrt above firm since constituted unregistered and never did any business admitted by surviving partner
Guest
(Expert) 10 March 2018
Your academic query is without head and tail. You have not been able to give shape of reality to your academic query. Can you clarify on the following points:
1) When the firm did not do any business, on what ground the suit was filed against you?
2) Further, on what basis you stated that the firm is dissolved? Do you have a copy of deed of dissolution of firm?
3) Still further, even if there is even the slightest truth in your story, does not your own lawyer know what to do in the case at his own, as you have asked what your lawyer should do?
MahendraKumar.H.Trivedi
(Querist) 10 March 2018
Sirs,
I am without lawyer since more than a month hence query to seek some solace.
Previous lawyer cheated on me.
New lawyer is studying c/S papers will confirm by 15th.
Suit place away from my town.
Suit instituted by firm for a plot title on basis of regd sale agreement by my poa( defendant no 2 and now late) and late partner of unregistered firm.
Firm deemed to be dissolved on account of death of partner 7 yrs back. I was not informed by my lawyers.
Surviving partner in his WS statement confirm that they never did any business for which partnership deed was executed.
It was a paper firm. Plot was leased out to third party by plaintiffs and mentioned in plaint also ( illegally sold).
I conferred title to third party, both unaware of stay eight/ ten years back.
As the plaintiffs evidence about to end surviving partner comes to know of breach of status quo and files 39 2a application.
Pending since two years. My lawyer ditches me spreading rumors that I will be jailed for 5 yrs and out of court settlement
25L.
Plot market value high.
Naturally worried.
Hence query to get some solace till things unfold. Case status readsc hearing.
No contempt issue received so far. If you could make something of above.
Sorry to disturb you.
Regards
Guest
(Expert) 10 March 2018
Totally vague description even in clarification. If your lawyer is studying case papers, let him study, what is the haste in getting reply for your question. Also, why not asked your own lawyer.
Also, who is the surviving partner, who confirmed in his WS statement that they never did business for which partnership deed was executed, as in which capacity you signed the agreement to sell plot?.
P. Venu
(Expert) 10 March 2018
Primarily, the onus rests with the plaintiff to bring on record the legal representatives of the deceased party.
MahendraKumar.H.Trivedi
(Querist) 10 March 2018
Surviving partner is plaintiff 2,partner named in the suit filed in the name of the petitioner firm.Plaintiff one and only other partner died during the suit. Petitioner is unregistered firm/ suit filed by firm. I am defendant no 1. My poa defendant no 2 late now. Is suit maintainable in view of death of one partner and suit filed by unregistered firm
and contract in the name of the firm signed by only late ( dead partner). Suit for honoring the contract. I was the owner of the jinxed plot.
Regards and thanks
Dr J C Vashista
(Expert) 11 March 2018
1. Unregistered partnership has no legal entity.
2. You have the only option to avail professional services of "some" local prudent lawyer, which you can not be taught step by step on this platform.
3. Pure academic question should have been put to your tutor.
4. It is abuse of this site and LCI Admin should have filtered such query.
MahendraKumar.H.Trivedi
(Querist) 11 March 2018
Shri Vashishta Sir,
I just got out of the Jaws of lawyer who jeopsrdsdised my case. In a small but prosperous town away from my residence
It has been two months to fix a new lawyer and dates moving fast at critical stage, hence query in this forum. No intention of abuse. My sincere apologies.
Regards to all, keep doing good work.
