Question

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?

Answer 1

Solution: Section to which the given problem relates: Section 69(2).
Decision: Yes.
Reason: Both the requirements of Section 69(2) have been complied with (i) the suit must be instituted by or on behalf of the firm which had been registered; (ii) the persons suing must have been shown as partners in the Register of Firms. Persons suing means all the partners at the date of instituting the suit.
[Leading case Durga Das v Preete Shah]