S. P. MISRA & ORS. versus MOHD. LAIQUDDIN KHAN & ANR.

S. P. MISRA & ORS. versus MOHD. LAIQUDDIN KHAN & ANR.

Where a partnership consisting of only two partners stands dissolved by operation of law on the death of one partner under Section 42(c) Indian Partnership Act, 1932, the legal representatives of the deceased are not partners for the original partnership and a decree obtained against the deceased partner in pursuance of that partnership is not executable against those legal representatives, who are not parties to the contract; accordingly the Trial Court and High Court correctly held the decree not executable against the respondents.

Parties
Appellant: S. P. Misra & Ors.; Respondent: Mohd. Laiquddin Khan & Anr.
Jurisdiction
India
Judgment Date
18 October 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Dissolution of Partnership, Executability of Decree, Privity of Contract, Succession of Partners, Section 42(c) Indian Partnership Act, 1932, Section 47 C.p.c., Section 50 C.p.c., Order XXI Rule 32 C.p.c.
Partnership Law Civil Procedure Dissolution of Partnership Executability of Decree Privity of Contract Succession of Partners Section 42(c) Indian Partnership Act, 1932 Section 47 C.p.c. +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S. P. Misra & Ors.

Appellant

Mohd. Laiquddin Khan & Anr.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a decree obtained against a partner is executable against the legal representatives of the judgment-debtor where the partnership stood dissolved by death of a partner under Section 42(c) of the Indian Partnership Act, 1932
  2. 2 Whether clauses in a partnership deed providing that legal representatives automatically become partners can bind those legal representatives and make a decree executable against them

Ratio Decidendi

Where a partnership consisting of only two partners stands dissolved by operation of law on the death of one partner under Section 42(c) Indian Partnership Act, 1932, the legal representatives of the deceased are not partners for the original partnership and a decree obtained against the deceased partner in pursuance of that partnership is not executable against those legal representatives, who are not parties to the contract; accordingly the Trial Court and High Court correctly held the decree not executable against the respondents.

Court Disposition

Appeal dismissed

Orders

  • High Court order dated 09.04.2009 in Civil Revision Petition No. 4894 of 2006 confirmed
  • Order dated 01.02.2006 in E.A. No. 6 of 2005 in E.P. No. 122 of 2003 in O.S. No. 580 of 1980 allowing application under Section 47 C.P.C. upheld