Is a suit by a husband of one of the partners of a dissolved firm maintainable?
That plaintiff is the aurthorised person by all other partners, but no document to that effect.
G. ARAVINTHAN (Legal Consultant / Solicitor) 08 August 2009
Is a suit by a husband of one of the partners of a dissolved firm maintainable?
That plaintiff is the aurthorised person by all other partners, but no document to that effect.
G. ARAVINTHAN (Legal Consultant / Solicitor) 08 August 2009
Jithendra.H.J (Lawyer) 08 August 2009
Y V Vishweshwar Rao (Advocate ) 09 August 2009
1- Husband is not partner
2- Husband has no Powerr of attorney on behlaf of Wife - Partner , to file the Suit
3- Other partners authorisation with out any docuements - not point
He can not fiel the suit !
G. ARAVINTHAN (Legal Consultant / Solicitor) 09 August 2009
Let me explain in detail.
An unregistered partnership firm is contituted by cousins.
One of the partner's husband is managing the firm.
Firm is a dealer of a MNC. MNC is only havning accounts.
Without notice, MNC cancelled the dealership.
Firm was dissolved by a dissolution deed.
For recovery of some amount and for rendition of accounts, the husband of one partner( who is managing the firm) filed suit against the MNC.
Is this suit maintainable?
R.R. KRISHNAA (Legal Manager) 11 August 2009
Disssolution of the firm has nothing to do with filing of case. Partners are like co-owners of the property of the firm. Hence any partner can sue the MNC in his individual capacity. Please note that he cannot sue in the capacity of partner, but he can sue only in his individual capacity. But a husband of one of the partner cannot sue as he cannot be a proper plaintiff. Only the partner has the right to sue.
G. ARAVINTHAN (Legal Consultant / Solicitor) 12 August 2009
do you mean the erstwhile partner?
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