PREM BALLABH KHULBE vs MATHURA DATT BHATT

The Supreme Court held that under clause (c) of the proviso to Section 51 of the Code of Civil Procedure, a partner cannot be treated as a trustee for other partners unless special circumstances exist. The Court found that the conditions for execution of the decree by arrest were not met, as no fiduciary duty was established against the respondent, the managing partner. Consequently, the appeal was dismissed, affirming the High Court's decision to set aside the arrest warrant.