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Narayanan. R (Advocate)     25 August 2008


Dear brothers, A unregistered Partnership company is a member of Commercial shops association at its locality [only a shop can be a member, either proprietor, company or firm,- no individual can be a member].  In that Association's Election a Partner representing the Firm filed nomination form.  that was rejected by the Association. therefore the Partner wants to sue against the Association.

but an unregistered Partnership firm cannot be sued or sue against others on the contractual obligations. In this circumstances what is the remedy for that unregistered firm. whether the all the Partners can sue against the Association? because there is no restriction that no unregistered firm can be a member of Association.  therefore the Aribitrary act of the Association should be questioned judicially. kindly help me. thank you.  adv.narayanan@gmail.com


 9 Replies

mahesh (Advocate)     25 August 2008

dear brother


if the assocaition is registered under any local laws i.e., for an example in Karnataka the assocation will be registered under the Societies Registration act the registrar of Socieites will have the jurisdiction toentertain the case. hence you can file if the assocation is registered under any local laws.


if the assocation has any arbitration clasue you can invoke the same.

Narayanan. R (Advocate)     25 August 2008

Thank you brother,  the Association seems to be registered with the Registrar of Societies, so i will file a Petition before the Registrar to stay the election or to direct the Association to admit me for contest

thank you very much


Dear Narayanan,

Partnership firm need not be registered at the time of the transaction or arisation of cause of action.  If the firm is registered, just before instituting legal proceedings, it is sufficient in the eyes of law.  Therefore, it is better for you for all practical purposes to get the firm registered now immediately and institute legal proceedings.

RAM DEO KAKRA (ADVOCATE )     26 August 2008

ask ur associciation to supply uthe copy of rules &regulations of society ,and go through the election process , send a letter in this regard in ur firms letterhead to associsationand request them to supply the same within 3 days .mention in ur letter  1.that u r ready to pay necessary charges for supplying the copy 2.register ur protest regard to election,misdeeds the are doing 3.ur clear intention to sue the association. send this letters copy to registrar of society.put ccto...... registrarof society,ccto.......officer in charge p.s....

sandeep (advocate)     26 August 2008

thanks for u r information

anonymus (confidential)     29 August 2008

dear friend,

sec 69 creates a bar to file a suit only regarding disputes arising out of contractual obligations with the firm. hence i donot think that this would be a bar to file a suit against the association. but it has to be looked into whether the civil court will have jurisdiction to deal with the dispute.

natarajan (advocate)     21 October 2008

i agree with guptha


Dear Member:

Even if your partnership is registered or not it will not come in the way of the proceedings.  In the absence of registeration your partnership is to be considered as a BOP (body of persons) and any single person can be nominated to represent the body or you can collectively represent the matter.



Ayub S. Pathan (Legal Adviser)     15 July 2010

Mr. Narayan,

Check the Constitution of the association. Is it  one of the disqualification amongst other?.

Pl. Check it and go ahead with the suit. Otherwise also it is not a contractual obligation with the so called


Best luck.

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