Q: Elaborate section 28 of partnership act, 1932 ?

Ans:  The problem presented is based on section 28 of the Partnership Act. According to section 28, if a person represents that he is a partner, when in fact he is not, and a third party, in reliance on his said representation, pays goods or lends to the firm, the person making the representation shall be treated as a partner and  will be considered equally liable.

In the present problem 'Harish' gives his name to the firm, when in fact he is not a partner in the firm as per the definition of section 4 partnership act, 1932. In such a case, 'Mukesh' has given loan to the firm knowing 'Harish' as a partner in the firm, then he can recover the money from Harish, Sachin and Zuber because 'Harish' represented himself as a partner in the said firm.  Hence,  Harish will be liable to pay money to 'Mukesh'.

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