Legal Insights by Advocate Prakhar Gupta: Does Subsequent Registration Cure a Defective Partnership Suit?
Navigating the complexities of the Indian Partnership Act, 1932, requires a nuanced understanding of procedural mandates. Advocate Prakhar Gupta emphasizes that the registration status of a firm is not merely a formality but a foundational requirement for litigation. Section 69(2) serves as a gatekeeper, preventing unregistered entities from utilizing the court system to enforce contractual rights. The Doctrine of "Ab Initio" Invalidity The judiciary has historically maintained a rigid stance on firm registration. In the pivotal case of D.D.A. v. Kochhar Construction Work , the Supreme Court clarified that if a firm is not registered on the date a suit is instituted, the proceedings are considered "ab initio" defective meaning they are legally void from the very beginning. Can Later Registration Rectify a Filing Defect? A common question encountered by legal practitioners like Advocate Prakhar Gupta is whether a firm can "save" its case by registering afte...