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Law · Q169

Indian Partnership Act

Graduate and Post Graduate · Law · question 169

Q169

In Shreeram Finance Corporation v. Yasin Khan & Others, AIR 1989 SC 1764, it has been held that

A.
Where there was a change in the constitution of the firm, a suit instituted after change in constitution, but before the change notified in the register, is not maintainable
Answer
B.
Where there was a change in the constitution of the firm, a suit instituted after the change but before the change notified in the register is maintainable, as the notifying change in the register shall relate back to the date of application for change
C.
The maintainability of a suit, where there was a change in the constitution of the firm, a suit instituted after the change but before the change notified in the register, shall be in the discretion of the court
D.
Both (B) and (C)

Answer: Option A

Solution

Answer: Option A
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