Legal Question in Business Law in India

X, Y and Z are partners in a registered firm. X died. The firm filed a suit against W in the name and on behalf of firm without notifying to the Registrar of firms about the changes in the constitution of the firm. Is the suit maintainable?


Asked on 11/13/11, 9:45 am

3 Answers from Attorneys

as per partnership act, each and every partner is jointly and severally liable . hence, short cause title of the suit is in the name of partnership firm and the same is represented by any alive partner which is maintainable.

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Answered on 11/13/11, 11:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The defect, if any, can be cured by impleading the surviving partners as plaintiffs in the suit.

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Answered on 11/13/11, 8:20 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Goel

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Answered on 11/15/11, 12:57 am


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