Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J.THAKER
Splendid Infrabuild LLP – Appellant
Versus
Manuben Nanubhai Bharvad – Respondent
ORAL JUDGMENT
HONOURABLE MR.JUSTICE SANJEEV J.THAKER
TABLE OF CONTENTS I . INTRODUCTION…………………………………………………………… 2
II . SUBMISSIONS OF THE DEFENDANT – PETITIONER………………….. 3
III . SUBMISSIONS OF THE PLAINTIFF – RESPONDENT…………………. 16
IV. ANALYSIS……………………………………………………………………. . 19
CAUSE OF ACTION…………………………………………………………………… 21
Section 42 (C) of the Partnership Act……………………………………………..………21
Suit of Specific Performance by the Plaintiffs not maintainable…………………..……23
Illusory Cause of Action……………………………………………………………..………27
BARRED BY LAW……………………………………………………………………. .30
Limitation to seek specific performance – Article 54…………………………………….30
Deemed Knowledge…………………………………………………………………………..33
Plaintiff’s basis of right and Section 69 of the Partnership Act…………………..……36
RE: PART PERFORMANCE OF CONTRACT AND ANCILLARY RELIEF…………………. .42
V . JUDGMENTS CITED BY THE PLAINTIFF………………………………. 47
VI . CONCLUSION……………………………………………………………..… 51
I. INTRODUCTION
1. Rule returnable forthwith. Learned Advocates for the respective parties waive service of notice of Rule. With the consent of the parties matter is taken up for final hearing.
2. The present Revision Application has been filed to challenge the order dated 21.10.2022, passed by
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.
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
Fresh suit for specific performance by registered firm after unregistered firm's suit dismissal is barred by Article 54 limitation if beyond three years from 1993 refusal; SLP leaving questions open ....
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
Rejection of plaint under O VII R 11 CPC permits fresh suit via R 13; partnership firm acquires cause of action for specific performance if contract rights contributed as capital with firm funds; lim....
A suit for specific performance can be maintained by a partner even if not registered, provided the firm is engaged in business dealings.
Point of Law : Section 154 (1)(c) of Assam Land and Revenue Regulation cannot act as a bar as regards the maintainability of suit for which said cannot also be a substantial question of law involved ....
The main legal point established in the judgment is that a suit filed by an unregistered partnership firm under the Indian Partnership Act, 1932 is not maintainable and is inherently defective and no....
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
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
