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january 2022

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.

Shiv Developers Thr. Sunilbhai ... vs Aksharay Developers · Niyam