MCQs · Q8
Q.An unregistered partnership firm wants to sue a customer to recover an unpaid trade debt arising from a contract made in the ordinary course of its business. Under Section 69, can it do so?
(A) Yes, registration has no bearing on a firm's ability to sue anyone
(B) No, an unregistered firm cannot sue a third party to enforce a right arising out of a contract made in the ordinary course of its business
(C) Yes, but only if the customer consents in writing
(D) No, because non-registration makes the underlying contract itself void
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Start your 14-day free trial to unlock the full solution →Why (B) is correct: Section 69(2) specifically bars an unregistered firm (or anyone suing on its behalf) from instituting a suit against a third party to enforce a right arising from a contract made in the ordinary course of the firm's business.
Why the distractors are wrong:
- (A) is directly contradicted by Section 69's disability.
- (C) invents a 'customer consent' workaround that has no basis in the Act — the disability is absolute for this class of suit, regardless of the third party's willingness. …
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