partnership act 1932

sunil bhassin (Querist) 21 March 2010 This query is : Resolved
pls answer my query.. partnership deed at will of 4 partners having partnership firm.. only 1 partner dissolves the firm by written notice to other partners and news paper notice. very same day 2 of the partners make a fresh partnership deed of 2 partners and mention other 2 have withdrawn and inform the registrar of firms that we are the only 2 partners and the registrar reconstitutes the firm and issues new form A mentioning 2 partners "cease to exsist" how can a firm dissolved be reconstituted by the registrar without the dissolution deed .. can the registrar be made party to a suit for the mistake he has made and be told by the court to cancel the certificate of reconstituted firm. and how do we go about.. and wht procedure should we follow can there be criminal case be made on the 2 partners who made the new deed

pls reply its most most urgent

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Raj Kumar Makkad (Expert) 21 March 2010
Registrar has committed a procedural error in this case and he can be represented first and if do not cancel his certificate then you by serving a legal notice under section 80 CPC to such registrar, can file a civil suit against him as well as against both of such erring partners who have flouted new partnership deed withholding the true facts and without the support of dissolution certificate.

Criminal case cannot lie in this matter. Only civil remedy exists thereon.