J. B. PARDIWALA, R. MAHADEVAN
Sunkari Tirumala Rao – Appellant
Versus
Penki Aruna Kumari – Respondent
ORDER :
1. This petition arises from the order passed by the High Court of Andhra Pradesh at Amravati dated 17-7-2019 in Civil Revision Petition No.2944/14 by which the High Court allowed the Revision filed by the respondents (original defendants) and thereby set aside the order passed by the District Judge, Vizianagaram in Original Suit No.80/12 deciding a preliminary issue as regards the maintainability of the suit instituted by the petitioners – herein (original plaintiffs) for recovery of money.
2. It appears from the materials on record that the petitioners – herein (original plaintiffs) instituted Original Suit No.80/12 praying for the following reliefs:-
a) For recovery of Rs.30,00,000/- (Rupees Thirty Lakhs only) from the defendant;
b) Costs of the suit; and) For such relief or other reliefs as the Honourable court deems fit and proper in the circumstances of the case, in the interests of justice.”
3. In the suit proceedings, the issue as regards the maintainability of the suit was raised on the ground that a partner of
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
The main legal point established in the judgment is that a suit filed by an unregistered partnership firm under the Indian Partnership Act, 1932 is not maintainable and is inherently defective and no....
The non-registration of a partnership firm as required under Section 69(2) of the Indian Partnership Act, 1932 renders the suits filed by the unregistered firm non est in law, and subsequent registra....
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
Suits between partners of an unregistered partnership firm for recovery of money are barred under Section 69 of the Indian Partnership Act, 1932.
Unregistered partnership firms can enforce rights for accounts and dissolution via arbitration, as outlined in the Indian Partnership Act, Section 69.
Point of law: No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing....
Point of Law : Section 154 (1)(c) of Assam Land and Revenue Regulation cannot act as a bar as regards the maintainability of suit for which said cannot also be a substantial question of law involved ....
Important PointChanges in the constitution of a firm does not affect the registration once made but information about changes have to be given and failure to comply attracts penalties u/s 69-A of the....
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