cpc

subsequent registration of firm and suing rights


Assume the following scenario: On 1 April, an unregistered firm enters into a contract with a third party. On 10 April, the afore mentioned firm registers itself with the Registrar. On 15 April, there is a breach of contract in the third party's refusal to pay the contracted amount. Can the now registered firm sue the third party? Will Section 69 (2) of the Indian Partnership Act, 1932 be a hindrance?
 
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Yes, if u would file a suit in the name of the firm then it would b barred by S.69(2) of the act.
 
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Since the firm has been registered in registrar  of firms before  filing suit against third party so No bar/restrictions to file suit and sec 69[2] of Partnership act will not apply.

 
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Originally posted by : Advocate Bhartesh goyal

Since the firm has been registered in registrar  of firms before  filing suit against third party so No bar/restrictions to file suit and sec 69[2] of Partnership act will not apply.

Even though the contract was signed before the registration of the firm, but breached after registration, third-party sued after registration?

 
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