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2001 Supreme(Del) 1527

V.S.AGGARWAL
OM PRAKASH – Appellant
Versus
USHA RANI – Respondent


Advocates Appeared:
Akshay Makhija, K.S.Sidhu, MALDIP SIDHU, V.K.Makhija

V. S. AGGARWAL

( 1 ) THE report of the Special Committee on basis of which the Partnership Act, 1932 was passed later in paragraph 17 noticed:

"the outlines of the scheme are briefly as follows. The English precedent in so far as it makes registration compulsory and imposes a penalty for non-registration has not been followed, as it is considered that this step would be too drastic for a beginning in india, and would introduce all the difficulties connected with small or ephemeral undertakings. Instead, it is proposed that registration should lie entirely within the discretion of the firm or partner concerned; but, following the engiish precedent, any firm which is not registered will be unable to enforce its claim against third parties in the civil court; and any partner who is not registered will be unable to enforce his claims either against third parties or against fellow partners"

( 2 ) THE above extract refers to the English precedent which is partly followed and party not enacted in Section 69 of the Indian Partnership act. Section 69 of the Partnership Act unfolds in the following words:-

"69. Effect of non-registration.- (1) No suit to enforce a right arising from a contract o





















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