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bhavin (Querist) 02 March 2012 This query is : Resolved
Respected seniors & friends,
My query is;

I have filed one summary suit u/o 37. the said suit is filed by a partnership firm through its active partner. now is it compulsory to take authority from other partners to file said suit.

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Raj Kumar Makkad (Expert) 02 March 2012
Firm should resolve to file the suit and should accordingly authorize any person to file the same.

The procedure adopted in the given matter is illegal.

prabhakar singh (Expert) 03 March 2012
A firm has facility to file a suit in its own name through any of its' partners provided it is registered with registrar of firms and all the partners of the firm are shown in the register of the registrar before filing of the suit.Any lacuna in this regard will drive to the dismissal of the suit.Go with provisions contained in section 69 of the Partnership Act.