A DOCTRINAL EXAMINATION OF S. 69 OF THE PARTNERSHIP ACT: INCONSISTENCIES AND THE CASE FOR REFORM

This paper examines Section 69 of the Indian Partnership Act, 1932 and the restrictions it places on unregistered partnership firms. While registration under the Act is voluntary, Section 69 prevents unregistered firms and partners from enforcing certain contractual rights through courts. The paper examines the exceptions for statutory rights, arbitration, dissolution and other claims which are allowed, have resulted in inconsistent outcomes. It also compares the Indian position with Canadian partnership law, where registration and enforcement are treated separately. The paper argues that Section 69 requires reform so that non-registration can be regulated without denying legitimate parties access to judicial remedies.