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may 2024

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.

S.Shivraj Reddy(Died) Thr His Lrs vs S. Raghuraj Reddy · Niyam