Question

X, Y and Z are partners in a registered firm. X died and D was admitted as a partner. 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?

Answer 1

Solution: Section to which the given problem relates: Section 69(2).
Decision: No.
Reason: First requirement of Section 69(2) that the suit must be instituted by or on behalf of the firm which had been registered, had been complied with where the second requirement of Section 69(2) that Sllthe partners at the date of instituting the suit have been shown in the Register of Firms, had not been complied with.
[Leading case: V.S. Behal v. Kapur & Co.]