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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI
Gruhalakshmi Finance – Appellant
Versus
Andavarapu Govindarajulu, S/o Late Satyanarayana – Respondent
ORDER :
SUBBA REDDY SATTI, J.
Defendants 1 and 2 in the suit, filed the above revision assailing the order, dated 21.04.2025, in I.A.No.184 of 2023 in O.S.No.40 of 2022, on the file of the Judge, Family Court-cum-III Additional District and Sessions Judge, Srikakulam.
2. The parties to the revision are referred to as per their status in the suit O.S.No.40 of 2022.
3. The plaintiffs filed suit O.S.No.40 of 2022 on the file of Judge, Family Court-cum-III Additional District and Sessions Judge, Srikakulam, seeking the following reliefs:
(a) To order for the dissolution of 1st defendant firm M/s Gruhalaxmi Finance., and to direct the 1st respondent to render the accounts right from the date of its inception, including the plaint schedule property of the 1st defendant firm till the date of dissolution as the plaintiffs are continuing partners of the said firm;
(b) For grant of permanent injunction restraining the defendants from alienating or altering the plaint schedule property till the completion of proceedings of this suit;
(c) For costs of the suit; and
(d) For such other relief or reliefs which the Honourable Court deems fit and proper in the circumstances of the case in the ends of justi
(1) Upon the death of any partner the partnership shall not be automatically dissolved but the surviving partners may admit the legal representative of the deceased unto the partnership by mutual con....
The main legal point established in the judgment is the scope of revisional powers under Section 115 of the CPC and the principles of rejection of plaint under Order VII Rule 11 of the CPC.
A suit cannot be instituted by an unregistered partnership firm, as per Section 69 of the Indian Partnership Act, rendering such suits barred by law.
A suit for specific performance cannot be maintained by partners of a dissolved firm; and claims are barred under Section 69 of the Indian Partnership Act and the Limitation Act.
A partner can dissolve an at-will partnership through a written notice, which constitutes sufficient action for dissolution, regardless of the firm's registration status.
The exceptions under Section 69(3)(a) of the Indian Partnership Act, 1932, apply to suits seeking rendition of accounts between partners after the dissolution of a firm.
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 ....
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.
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