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july 1977

Supreme Court of India · 1977-07-28

VASANT RAO AND ANOTHER vs SHYAMRAO AND ORS.

Citation / case number
SC 1977/61686
Court
Supreme Court of India
Petitioner
VASANT RAO AND ANOTHER
Respondent
SHYAMRAO AND ORS.
Bench
GUPTA, A.C.

Judgment text excerpt

The Supreme Court held that the suit for dissolution of a partnership with more than seven members falls under the jurisdiction of the Companies Act, 1956, specifically Part X, which governs unregistered companies. The Court clarified that since the partnership constituted an 'unregistered company' as defined in Section 582, the winding up must adhere to the procedures outlined in the Companies Act. Consequently, the trial court's rejection of the jurisdictional objection was upheld, affirming the maintainability of the suit in the civil court.

VASANT RAO AND ANOTHER vs SHYAMRAO AND ORS. · Niyam