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.