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ABC is a registered firm. C died on 30th June. A and B sue X in the name of ABC. What is the consequence?
- a)The suit cannot be maintained
- b)The suit can be maintained
- c)The suit can be maintained when the firm is freshly registered
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
ABC is a registered firm. C died on 30thJune. A and B sue X in the nam...
A registered firm can sue for the third party.. As ABC is a registered firm.. The suit can be maintained
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ABC is a registered firm. C died on 30thJune. A and B sue X in the nam...
The consequence of C's death on the suit filed by A and B in the name of ABC
The correct answer is option 'B': The suit can be maintained.
Explanation:
When a firm is registered, it becomes a separate legal entity with its own rights and liabilities. It can sue and be sued in its own name.
1. Status of ABC as a registered firm
- The fact that ABC is a registered firm implies that it has a legal existence separate from its partners.
- As a registered firm, ABC can sue and be sued in its own name.
- The registration of ABC provides it with the capacity to enter into contracts, own property, and take legal actions.
2. Death of C
- C's death on 30th June does not automatically dissolve the firm or affect its legal existence.
- Even after C's death, ABC continues to exist as a registered firm.
- The remaining partners, A and B, can continue to carry on the business of the firm.
3. A and B suing X in the name of ABC
- A and B, as partners of ABC, have the authority to represent the firm in legal matters.
- They have the right to sue on behalf of the firm and enforce its rights.
- A and B can file a suit against X in the name of ABC, seeking appropriate legal remedies.
4. Consequence of C's death on the suit
- The death of a partner does not invalidate the firm's legal capacity to sue or be sued.
- As long as the firm is registered, the suit filed by A and B in the name of ABC can be maintained.
- The death of C does not affect the firm's ability to enforce its rights through legal proceedings.
Conclusion:
In this scenario, since ABC is a registered firm, the death of C does not prevent A and B from suing X in the name of the firm. The suit can be maintained, and A and B can seek legal remedies on behalf of ABC.
The correct answer is option 'B': The suit can be maintained.
Explanation:
When a firm is registered, it becomes a separate legal entity with its own rights and liabilities. It can sue and be sued in its own name.
1. Status of ABC as a registered firm
- The fact that ABC is a registered firm implies that it has a legal existence separate from its partners.
- As a registered firm, ABC can sue and be sued in its own name.
- The registration of ABC provides it with the capacity to enter into contracts, own property, and take legal actions.
2. Death of C
- C's death on 30th June does not automatically dissolve the firm or affect its legal existence.
- Even after C's death, ABC continues to exist as a registered firm.
- The remaining partners, A and B, can continue to carry on the business of the firm.
3. A and B suing X in the name of ABC
- A and B, as partners of ABC, have the authority to represent the firm in legal matters.
- They have the right to sue on behalf of the firm and enforce its rights.
- A and B can file a suit against X in the name of ABC, seeking appropriate legal remedies.
4. Consequence of C's death on the suit
- The death of a partner does not invalidate the firm's legal capacity to sue or be sued.
- As long as the firm is registered, the suit filed by A and B in the name of ABC can be maintained.
- The death of C does not affect the firm's ability to enforce its rights through legal proceedings.
Conclusion:
In this scenario, since ABC is a registered firm, the death of C does not prevent A and B from suing X in the name of the firm. The suit can be maintained, and A and B can seek legal remedies on behalf of ABC.
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ABC is a registered firm. C died on 30thJune. A and B sue X in the name of ABC. What is the consequence?a)The suit cannot be maintainedb)The suit can be maintainedc)The suit can be maintained when the firm is freshly registeredd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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ABC is a registered firm. C died on 30thJune. A and B sue X in the name of ABC. What is the consequence?a)The suit cannot be maintainedb)The suit can be maintainedc)The suit can be maintained when the firm is freshly registeredd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CA Foundation 2025 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about ABC is a registered firm. C died on 30thJune. A and B sue X in the name of ABC. What is the consequence?a)The suit cannot be maintainedb)The suit can be maintainedc)The suit can be maintained when the firm is freshly registeredd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for ABC is a registered firm. C died on 30thJune. A and B sue X in the name of ABC. What is the consequence?a)The suit cannot be maintainedb)The suit can be maintainedc)The suit can be maintained when the firm is freshly registeredd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
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