Partnership act

kuldeep kumar (Querist) 09 August 2011 This query is : Resolved
following things i want to know
1-section 69(3) provides provision of sec 1 and 2 shall not apply to claims for set offs and other BUT it shall not affect dissolution of firm and its accounts.does it means that third party are always allowed to dissolve firm and look its account even if it is not regd?(pls correct me)
2-does chapter dealing with dissolution of firms deals with only regd firms or unregd firms.my question is when courts assitance is required should it be regd?
thanks

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kuldeep kumar (Querist) 09 August 2011
what are those sections in this act which must be applied if firm is regd otherwise not?
i need no case laws just subjective commentory....thanx

kuldeep kumar (Querist) 09 August 2011
i think this question is tuff one..i will myself put answer

M V Gupta (Expert) 10 August 2011
Thanks for your query of academic nature.A comprehensive reading of Sec. 69 makes it clear that the bar against suit is directed against the partners vis a vis other partners or the Firm to enforce claims arising out of the deed of partnership and to enforce claims of the Firm against third parties under any contract made with them. However this bar against suit does not apply if any partner wants to file a suit for dissolution of the Firm or for A/Cs of a dissolved firm or to realize the properties of a dissolved Firm.(cf Sec 69 (3).In view of this the chapter dealing with dissolution of firms should apply to both regd as well as unregd frims. The SC held that the above bar does not apply to invoke the arbitration clause appearing in the deed of partnership. cf.AIR 1995 SC 715; AIR SC 2209.