Supreme Court of India · 2008-01-30
Rajendran And Others vs Shankar Sundaram And Others
- Citation / case number
- AIR 2008 SUPREME COURT 1170
- Court
- Supreme Court of India
- Petitioner
- Rajendran And Others
- Respondent
- Shankar Sundaram And Others
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that under the Partnership Act, 1932, partners can bind the firm in transactions, and the liability of partners is joint and several. The Court found that the High Court erred in dismissing the plaintiff's application for interim relief under Order XXXVIII Rule 5 of the Code of Civil Procedure, as the cheque issued in the firm's name indicated a prima facie case for the partnership's liability. The Court reversed the High Court's decision and allowed the plaintiff's application for attachment.