hi..

this is india.. we have case law from both the side..

ur qquestion lacks few grey area.. like ..

1) whether partnership is registered one or not ..?

2) Whether partnership deed is filed on record or not..?

3) is partnership is still continuing even after the death of one partner..?

Now returnning to your question..

1) My question is if he files any G P A at this stage is this valid?

— yes it is valid.. as in partnership & even in company law the act of director can be ratified

2)Can a partnership firm a give a back dated authorization ?

--- yes as answered earlier ques..

3) If a employee of a partnership firm files a W S what kind of Authorization He requires from the partnership firm.(Whether he should registered G P A or ordinary authorization letter is enough)

— it could be a authorisation letter for a specfic case or a Power of Attorney as a standing order for dealing such type of or all type of cases

4) More over the Managing partner Died recently . His son has become the Managing Partner now.

--- had son filed the WS & vakalatnama..??? if its a regisrtered partnership firm then the act is ultra virus & if not then the son can file

5) I Require any citation in this regard to safe grad my case at this stage.

— there is citation of Supreme court in this regard dealing the case of a company on similar line..

6) Please send any citations in this issue

--- currently not available with me..

Thank you sir for reply to my questions.

sir

I filed the case on 10-10-2008.Their employee filed the W S in the year 2009. Respondents did not not filed any documents regarding this partner ship firm till date. The partnership firm is registered fifty years back.There are dealers for the gorej furnitures for past fifty years.They are operating more than registered 48 companies(like power generation,real estate,pharma) etc. Father was the managing partner of the partnership firm. The Father ( managing partner) has a right to give authorization to deal the case . Now he died in the year 2010. Now son became the Managing partner . Son did not filed any Vakaltanama . If they file any back dated authorization also then they has do” forgery signature of their father”.

At this juncture

1) What kind of papers or documents i has to ask the respondents has to produce in the case .

2) If they give any authorization to this employee then main partners of the partnership need not attend the case

i think this is not a registered Partnership firm thats why the son become the managing partnes after his father death. in that case he is not supposed to file Vakalatnama,

This may be a case of partnership by holding out..Hence they don’t need any backdatation authorisation letter.

So primarily u have to check whetehr the firm is a registered one or not..? hence call for partnership deed bby moving the application u/o 11 r 14 of CPC.

2) If they give any authorization to this employee then main partners of the partnership need not attend the case - Yes they donn’t need to attend the court proceeding..

no employee of a partnership firm can issue w s without firms authorization. he cannot sign vakalatnama too.in your case both the w s and vakalatnama are invalid since it is done ultra viras i.e beyond power or without authorization.

no firm can give a back dated authorization.

so all these reponse of the firm is void ab inition i.e void from the begining