Ashoka Group vs Hariram Buddhraja - S 69 Partnership Act

Partnership Act - Section 69(2); Limitation Act - Section 14 -If the firm is not registered on the date of suit and the suit is to enforce a right arising out of a contract with the third party defendant in the course of his business, then it will be open for the plaintiff to seek withdrawal of the plaint with leave and file a fresh suit after registration of the firm, subject to the provisions of the Limitation Act -It would be so even if the suit is dismissed for a formal defect- Section 14 of the Limitation Act will be available inasmuch as the suit has failed because the defect of non-registration falls within the words “other acts of like nature” in Section 14 of the Limitation Act, 1963- Referred to Haldiram Bhujiawala vs. Anand Kumar Deepak Kumar (2000) 3 SCC 250.