| Case ID |
15260b75-9194-4c93-94be-a2ebcb3b1077 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision Petition No. 170 of 1950 |
| Decision Date |
Feb 05, 1952 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that a suit instituted by an unregistered firm is invalid, as per section 69(2) of the Partnership Act. The court emphasized that registration of the firm after the institution of the suit does not validate the proceedings which were invalid at their inception. The court reiterated that the statutory bar against the institution of a suit by an unregistered firm cannot be circumvented by subsequent registration. The court upheld the defendants' objection regarding the maintainability of the suit, affirming that the plaintiff firm could not proceed with the suit as it was not registered at the time of filing the plaint, thus leading to the dismissal of the suit. |
| Summary |
In the case of 'THE AUSTRALASIA BANK Ltd. vs MESSERS A. ISMAIL JI & SONS', the Lahore High Court addressed the critical issue of the validity of a suit filed by an unregistered partnership. The court examined section 69(2) of the Partnership Act, which prohibits an unregistered firm from instituting a suit to enforce a right arising from a contract. Despite the subsequent registration of the firm, the court concluded that the initial defect at the time of suit filing could not be remedied. This ruling reinforces the principle that compliance with registration requirements is mandatory for maintaining legal actions. The decision highlights the strict interpretation of statutory provisions and the importance of adhering to legal formalities in partnership law. This case serves as a precedent for future disputes involving the registration status of firms and their ability to pursue legal remedies in court. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
KAYANI, JJ.,
SHABIR AHMAD, JJ.
|
| Lawyers |
Ghulam Mohy-ud-Din,
Fazal Din,
Malik Abdul Aziz,
Zia-ud-Din Ahmad Quraishi D. B.
|
| Petitioners |
THE AUSTRALASIA BANK Ltd.
|
| Respondents |
MESSERS A. ISMAIL JI & SONS and others
|
| Citations |
1952 SLD 150,
1952 PLD 314
|
| Other Citations |
Krishan Lal Ram Lal v. Abdul Ghafur Khan I L R 17 Lah. 275,
Chhagan Lal v. Firm Mangal Sain-Raj Narayan A I R 1938 Lah. 767,
Dost Muhammad v. Jai Ram Damodar A I R 1935 Pesh. 151,
Prithvisingh Devisingh v. Hasan Ali Vazirkhan A I R 1951 Bom. 6,
Firm Laduram Sagarmal v. Vamuna Parasd Chaudhuri I L R 18 Pat. 114,
M. S. A. Subramania Mudaliar v. East Asiatic Co. Ltd. A I R 1936 Mad. 991,
Ponnuchami v. Muthusami A I R 1942 Mad. 252,
Girdharilal Son & Co. v. K Gowder A I R 1938 Mad. 688,
Abdul Karim v. Ramdas A I R 1951 Nag. 159,
Re: Steel Construction Ltd. (1936) 40 C W N 312,
Haranarain v. Kanhaiyalal A I R 1940 Cal. 166,
Firm Ram Prasad Thakar Prasad v. Firm Kamta Prasad-Sita Ram A I R 1935 All. 898
|
| Laws Involved |
Partnership Act (IX of 1932)
|
| Sections |
69(2)
|