BANARSI DAS vs SETH KANSHI RAM & OTHERS(and Connected Appeals)

The Supreme Court held that the suit for dissolution of partnership filed on May 13, 1944, which ended in dismissal for default, did not establish a date of dissolution as required under Order 20, Rule 15 of the Code of Civil Procedure. The Court ruled that the plaint could not serve as a notice under Section 43 of the Indian Partnership Act, 1932, and that the High Court erred in treating the limitation issue as purely a question of law, allowing it to be raised for the first time by a party who had not filed a written statement. Consequently, the appeal was allowed, and the High Court's decision was set aside.