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Alok Motan (Advocate)     21 March 2010

unregistered firm as party in an injunction suit

hey there... i have filed an injunction suit against two parties out of which one is an unregistered firm and have no clue (whether partnership or not)and other one is a pvt ltd. co., my question is against the first to make it a party as it is neither a juristic person nor a natural person. i dont know abt the wherebouts of the owners/partners...

how to deal with it please suggest....ASAP


 3 Replies

Gundlapallis (Advocate)     21 March 2010

For the details of persons behind a firm.. you can check it from the Registrar of firms if it is a registered one.. if not check it with sale tax dept., on the firm's name they will have details you require.  If it is an unregistered firm you can go ahead on persons individually, behind the firm.

Parveen Kr. Aggarwal (Advocate)     21 March 2010

Section 69 of the Indian Partnership Act, 1932 creates a bar for institution of suit BY an unregistered firm but there is no prohibition of filing a suit AGAINST an unregistered firm. You may sue an unregistered firm. In fact a firm is collectively all the partners so the suit filed by you shall be deemed to have been filed against all the partners of the unregistered firm.

N.K.Assumi (Advocate)     21 March 2010

Agreed with the members.

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