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
a.manoharan a.manoharan
a.manoharan
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.
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.
Answered on 11/13/11, 8:20 pm
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
i agree with Adv Goel
Answered on 11/15/11, 12:57 am
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