Supreme Court of India · 2022-01-31
Shiv Developers Thr. Sunilbhai ... vs Aksharay Developers
- Court
- Supreme Court of India
- Petitioner
- Shiv Developers Thr. Sunilbhai ...
- Respondent
- Aksharay Developers
- Author
- Dinesh Maheshwari
- Bench
- Vikram Nath, Dinesh Maheshwari
Judgment text excerpt
The Supreme Court addressed the issue of the maintainability of a suit for declaration and injunction under Section 69 of the Indian Partnership Act, 1932. The court examined the divergent views of the Trial Court and the High Court regarding the rejection of the plaint. Ultimately, the Supreme Court upheld the High Court's decision, affirming that the suit was maintainable despite the objections raised, thereby allowing the appeal.