A & Co. is registered as a partnership firm in 2015 with A, B and C partners. In 2016, A dies. In 2017, B and C sue X in the name and on behalf of A & Co., without fresh registration. Decide whether the suit is m

As per section 69 of the Indian Partnership Act, 1932, if a partnership firm wants to sue a third-party, following two conditions must be fulfilled: the firm must be registered; and the partners suing should be named as partners of the firm in the Register of Firms. In case of a registered firm, if the firm continues its business after the death of a partner without any fresh registration, a suit can be filed by the remaining partners in respect of any subsequent dealings or transactions without notifying to the Registrar of Firms, the changes in the constitution of the firm. The suit shall be valid if it is filed by the remaining partners in respect of such subsequent dealings or transactions. However, in case a new partner joins the firm, the suit cannot be filed without fresh registration and entering the name of new partner in the Register of Firms. In the above case A & Co. a registered partnership firm with A, B and C as partners. A dies and without fresh registration, the firm sues X. In view of this, the suit by B and C against X in the name and on behalf of A & Co. is maintainable.