Supreme Court of India · 1996-10-29
PRABHU SHANKAR JAISWAL vs SHEO NARAIN JAISWAL .
- Citation / case number
- SC 1993/89500
- Court
- Supreme Court of India
- Petitioner
- PRABHU SHANKAR JAISWAL
- Respondent
- SHEO NARAIN JAISWAL .
- Author
- SUJATA V. MANOHAR A.M. AHMADI
- Bench
- SUJATA V. MANOHAR A.M. AHMADI
Judgment text excerpt
The Supreme Court held that under Section 69 of the Indian Partnership Act, a suit to enforce a right arising from a contract cannot be instituted by or on behalf of a partner in an unregistered firm against the firm or any partner unless the firm is registered. The Court upheld the High Court's decision that a petition under Section 8 of the Arbitration Act was not maintainable due to the unregistered status of the partnership firm. Consequently, the appeal was dismissed, affirming the High Court's ruling.