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MCQs · Q4

Q.An unregistered partnership firm wishes to sue a third party to recover a business debt owed to it. Under Section 69 of the Indian Partnership Act, 1932, this suit is:
(A) Permitted, since registration is voluntary
(B) Barred — an unregistered firm cannot sue a third party to enforce a contractual right
(C) Permitted only if all partners personally sign the suit
(D) Barred permanently, even after later registration

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Section 69 of the Indian Partnership Act, 1932 provides that an unregistered firm, or any partner suing on its behalf, cannot enforce a right arising from a contract against a third party until the firm is registered.

Option-by-option analysis:

  • (A) Incorrect — registration being voluntary to START the firm does not remove the Section 69 disability on suing.
  • (B) Correct — this is exactly the Section 69 bar on an unregistered firm's own right to sue. …

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