Multiple choice

A and B, two members of a three-member partnership firm, bring a suit for the recovery of debt due from X to the firm, but their firm is not registered on the date of the institution of the suit. The suit

  1. is maintainable with the leave of the court

  2. is maintainable with the concurrence of X

  3. is liable to be rejected in view of Section 69 of the Partnership Act

  4. will become maintainable after the original defect is cured by subsequent registration

  5. None of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: The suit is not maintainable with the leave of the court. Option (2) is incorrect: The suit is maintainable with the concurrence of X. Option (3) is correct: The suit is liable to be rejected under Section 69 of the Partnership Act because under Section 69 of the Act, an unregistered partnership cannot bring a suit against any person. Option (4) is incorrect: The suit will not become maintainable.

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