M.O.H. UDUMAN AND ORS. versus M.O.H. ASLUM

M.O.H. UDUMAN AND ORS. versus M.O.H. ASLUM

The partnership deed expressly provides that the partnership will continue 'till there are two partners' and not at will. Therefore, the respondent has no right to dissolve the partnership but may seek accounting or withdraw/retire and take the value of his share as per the deeds.

Parties
Appellants/defendants: M.O.H. Uduman and others; Respondent/plaintiff: M.O.H. Aslum
Jurisdiction
India
Judgment Date
13 November 1990
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of Madras High Court
Outcome
Appeal allowed
Legal Topics
Partnership Dissolution, Contract Interpretation, Choice of Law
Commercial Law Partnership Dissolution Contract Interpretation Choice of Law

Case Brief

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Parties

M.O.H. Uduman and others

Appellants/defendants

M.O.H. Aslum

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of Madras High Court

Legal Issues

  1. 1 Whether the partnership is a partnership at will under the Indian Partnership Act, 1932 or is governed by the contract and French Civil Code
  2. 2 What rights does a partner have regarding dissolution of such partnership

Ratio Decidendi

The partnership deed expressly provides that the partnership will continue 'till there are two partners' and not at will. Therefore, the respondent has no right to dissolve the partnership but may seek accounting or withdraw/retire and take the value of his share as per the deeds.

Court Disposition

Appeal allowed

Orders

  • Respondent may amend plaint to seek accounting or retirement; suit to be disposed expeditiously if so amended; otherwise, suit to be dismissed; parties to bear their own costs.