Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Kothuri Narasimharao – Appellant
Versus
Kondabalu Rattaiah – Respondent
| Table of Content |
|---|
| 1. second appeal jurisdiction details (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' claims and defense (Para 6 , 8 , 12) |
| 3. evidence examination in appeals (Para 10 , 11 , 21) |
| 4. findings of fact and their finality (Para 14 , 16 , 18) |
| 5. service of summons and liability of partners (Para 15 , 23 , 28) |
| 6. dismissal and final order (Para 29 , 30 , 31) |
| 7. dismissal of interlocutory applications (Para 35 , 36) |
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This second appeal under Section 100 of C.P.C is filed aggrieved against the judgment and decree, dated 25.04.2018, in A.S.No.166 of 2013 on the file of the IV Additional District Judge, Guntur, in confirming the decree and order dated 08.03.2013, in E.A.No.1 of 2013 in E.P.No.19 of 2007 in O.S.No.135 of 2004 on the file of the Senior Civil Judge, Sattenapalli.
2. The appellant herein is the respondent No.3, respondent No.1 is the decree holder and the respondent Nos.2 and 3 are the judgment debtors in E.A.No.1 of 2013 in E.P.No.19 of 2007 in O.S.No.135 of 2004 on the file of the Senior Civil Judge, Sattenapalli.
3. The petitioner/decree holder/plaintiff initiated action in E.A.No.1 of 2013 in E.P.No.19 of 2007 in O.S.No.135 of 2004
The liability of a partner in a partnership extends to actions taken by the firm, reinforced by legal precedents governing execution of decrees against firm partners.
Point of law: Article 227 deals with power of superintendence by the High Court over all Subordinate Court and Tribunals. The power of superintendence conferred upon the High Court by Article 227 is ....
Point of law: No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing....
Partners in a limited liability partnership can invoke execution provisions to protect their interests as joint decree-holders, governed by their partnership agreement.
The death of a partner in a partnership firm does not cause abatement of appeals against the firm under Order XXX of the Code of Civil Procedure.
Improper service of summons on a partnership does not invalidate a decree but is an irregularity that can be cured under S. 99 of the CPC.
The main legal point established in the judgment is the application of Sections 28 and 69 of the Indian Partnership Act to establish the liability of partners in an unregistered firm, and the relianc....
Point of law : Applicants have been able to make out more than a prima facie case for grant of leave to appeal. The applicants could be said to be prima facie prejudicially affected by the consent de....
A decree's joint liability cannot be severed or modified unilaterally; the recording of payments must meet procedural standards set forth in the Code of Civil Procedure.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
