Claim by unregistered firm

S.D. Singh (Querist) 23 August 2016 This query is : Resolved
A firm was not registered at the time of entering into contract with third party. But later on registered. No change in partners. The firm filed a civil claim case for recocery of debt. after registration in respect of the contract entered at the time when it was unregistered. Whether the claim will be sustainable.

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Advocate Bhartesh goyal Online

(Expert) 23 August 2016
It is immaterial that at the time of business/trading with partnership firm, whether firm was registered or not ,material fact is that at the time of filing suit partnership firm should have been registered with Registrar of Firms as per sec 69 0f Indian Partnership Act, then only suit filed by registered partnership firm is maintainable.

Guest (Expert) 23 August 2016
Mr. Singh,

Please clarify, in what way you are concerned with the firm or its claim?

adv.bharat @ PUNE (Expert) 23 August 2016
Author need to explain how he is concern with the firm.?

S.D. Singh (Querist) 23 August 2016
Its mine unregistered firm, sirs

Kumar Doab (Expert) 23 August 2016
Experd Mr. Bhartesh Goyal has replied.
Approach your able counsel.

Guest (Expert) 24 August 2016
When you haave already filed a civil claim case, had not you asked this question from your lawyer? What was his reply.

The claim is however sustainable.

Rajendra K Goyal (Expert) 24 August 2016
Agree with the expert Advocate Bhartesh goyal.

Ms.Usha Kapoor (Expert) 18 June 2018
Agreee with expert Bhartesh Goyal.

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