Supreme Court of India · 2024-05-16
S.Shivraj Reddy(Died) Thr His Lrs vs S. Raghuraj Reddy
- Citation / case number
- 2024 INSC 427
- Court
- Supreme Court of India
- Petitioner
- S.Shivraj Reddy(Died) Thr His Lrs
- Respondent
- S. Raghuraj Reddy
- Author
- B.R. Gavai
- Bench
- B.R. Gavai
Judgment text excerpt
The Supreme Court held that under Section 42 of the Partnership Act, 1932, a partnership is dissolved upon the death of a partner, and thus the suit for dissolution filed in 1996 was barred by limitation since one partner had died in 1984. The Court found that the High Court's Division Bench erred in allowing the appeal without addressing the limitation issue raised by the appellants. Consequently, the Supreme Court set aside the High Court's judgment and upheld the Single Judge's ruling that the suit was time-barred.