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P. T. ASHA
Chennai Law Firm – Appellant
Versus
Reyvish Associates (P) Ltd – Respondent
JUDGMENT :
THE HONOURABLE MS. JUSTICE P.T. ASHA
PRAYER: Second Appeal filed under Section 100 of C.P.C. to set aside the judgment and decree dated 12.07.2023 in A.S.No.32 of 2023 on the file of the Principal District Judge, City Civil Court, Chennai, reversing the judgment and decree dated 10.02.2022 in O.S.No.4365 of 2021 on the file of the XIX Assistant City Civil Court, Chennai.
The plaintiff partnership firm challenges the judgment and decree passed by the learned Principal Judge, City Civil Court, Chennai, in A.S.No.32 of 2023, in and by which, the learned Judge has reversed the judgment and decree of the learned XIX Assistant Judge, City Civil Court, Chennai, in O.S.No.4365 of 2021.
2. The facts are briefly set out herein below and the parties are referred to in the same ranking as before the Trial Court.
FACTS OF THE CASE:
2.1. The plaintiff firm had filed a suit in O.S.No.4365 of 2021 on the file of the XIX Assistant Court, City Civil Court, Chennai, for recovery of sum of Rs.6,57,056.20/- together with interest at 18% per annum from the date of the suit till the date of realisation. The plaintiff would submit that it is a legal firm providing legal services. The defendant had ap
An unregistered partnership firm cannot enforce a contract against a third party under Section 69(2) of the Indian Partnership Act, which requires registration for such enforcement.
An unregistered partnership firm cannot enforce a contract against a third party under Section 69(2) of the Indian Partnership Act, 1932.
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 central legal point established in the judgment is that a suit for recovery of money under the terms of an unregistered partnership deed is not maintainable due to the statutory bar created by Se....
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.
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.
Unregistered partnership firms can enforce rights for accounts and dissolution via arbitration, as outlined in the Indian Partnership Act, Section 69.
The court affirmed that suits regarding partnership rights can proceed even if the firm is unregistered and emphasized the requirement of proper evidence to establish claims of profit-sharing.
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