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Supreme Court of India 2021-09-21 dismissed

Rajendra Bajoria and Others vs Hemant Kumar Jalan and Others

Bench: 2 — B.R. Gavai

In Brief

Heirs of deceased partners in a dissolved partnership firm ('Soorajmull Nagarmull') sought declarations of co-ownership of firm assets, representation authority, injunctions, and firm dissolution. The High Court rejected the plaint, holding that non-partners cannot seek dissolution under the Indian Partnership Act, and heirs have no rights in firm assets during business continuance. The Supreme Court upheld rejection, holding that only partners may seek dissolution, and heirs succeed only to profit shares. Since none of the relief sought could be granted under law, rejection of the plaint at threshold was proper rather than allowing futile trial proceedings.

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Partnership Law Civil Procedure Rejection of Plaint Dissolution of Partnership Indian Partnership Act, 1932

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