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R. VIJAYAKUMAR
S. Mohammed Mirza Ismail – Appellant
Versus
Delhi Hall, a Partnership Firm Represented by its Managing Partner M. Shahul Hameed – Respondent
JUDGMENT
(Prayer: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to number the unnumbered Filing No.OS/1765/2022 CNR No.TNTH050022822022 on the file of the Sub Judge, Uthamapalayam and direct him to take the suit on file.)
1. The present revision petition has been filed by the plaintiff in an unnumbered suit for dissolution of partnership firm and rendition of true accounts.
2. The plaintiff who is one of the partners of the first defendant firm has filed the said suit as against the firm and two of its partners arraying them as defendants 1 to 3 in the suit. In the said suit, third parties to the partnership firm namely defendants 4 to 81 have been arrayed as defendants. The trial Judge had returned the plaint on the ground that defendants 4 to 81 are unnecessary parties and has returned the plaint for deleting the said defendants. Challenging the said order, the present civil revision petition has been filed.
3. The learned counsel for the petitioner/plaintiff had contended that defendants 4 to 78 are the creditors of the firm who have lending money to the partnership firm namely the first defendant. He had further contended that defendants 79
Partnership Act provisions and Order 7 Rule 14(2) govern the necessity of parties in a suit for dissolution of partnership firm and rendition of true accounts.
Legal heirs of deceased partners not entitled to be impleaded in a dissolution suit if not recognized as partners in the current partnership deed.
A newly admitted partner to a firm cannot be held liable for debts incurred prior to their admission; determination of liability requires full trial.
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