neither the partnership firm nor its partners existed in fact. On
the other hand, an unregistered firm could not bring a suit for
enforcing ... shown
in the Register of Firms as partners of the firm, on the date of the
suit.
(ii) Such unregistered firm or the partners mentioned
revisionists before the High Court that the appellant firm
being an unregistered partnership firm, the subject suit by this firm for
enforcement of a right ... entered into by unregistered firm nor it was entered into by
unregistered firm in the course of its business, and therefore, suit
was held
specifically provides for a bar
in maintaining a suit where
(i) Suit is by an unregistered firm
(ii) Suit is to enforce a right arising ... could be filed even by an unregistered firm. Admittedly,
the plaintiff is a registered firm. When such a Suit could be
filed even
Court.
4. On the date of filing of the suit, plaintiff-firm was unregistered.
The application for registration was filed on 12th November, 2014 with ... plaintiff No.1, being an unregistered firm not registered
with the Registrar of Firms, cannot maintain the present suit
under the provisions of Indian Partnership
Court.
4. On the date of filing of the suit, plaintiff-firm was unregistered.
The application for registration was filed on 12th November, 2014 with ... plaintiff No.1, being an unregistered firm not registered
with the Registrar of Firms, cannot maintain the present suit
under the provisions of Indian Partnership
unregistered firm, whether existing or dissolved, void. In other words, a partner of an erstwhile unregistered partnership firm cannot bring a suit to enforce ... firm. That being so, the suit was undoubtedly a suit for the benefit and in the interest of the firm and consequently a suit
1304/2019
unregistered firm. On the other hand, if the firm is
not registered on the date of suit and the suit is to
enforce ... behalf
of the contesting defendants that the appellant Firm being an
unregistered Partnership Firm, the suit is barred by Section
suit and
the person suing is not shown in the register of firms as
a partner of the firm.
Second, such suit by the unregistered ... behalf of the unregistered firm with third
parties in the course of the firm's business transactions.
The suit is therefore not barred
unregistered partnership firm. In the present case, it is not in dispute that the
plaintiff firm is an unregistered partnership firm. Section 69(2) provides ... cannot bar the enforcement by
way of a suit by an unregistered firm in respect of a statutory right or a common law
right
contract; since the first plaintiff firm is an unregistered firm as on the date
of filing of the suit, no right arising ... unregistered firm whether existing or dissolved,
void. In other words, a partner of a erstwhile
unregistered part- nership firm cannot bring a
suit to enforce
