In Brief
Heirs of deceased partners in 'Soorajmull Nagarmull' partnership sought a court declaration of ownership of firm assets, representation rights, and dissolution. The Supreme Court upheld the High Court's rejection of their plaint, holding that only active partners—not heirs—can seek firm dissolution under the Indian Partnership Act, 1932. The Court confirmed that when a plaint fails to disclose a legally valid cause of action (even taking all averments as true), it must be rejected under Civil Procedure Code Order VII to prevent wasteful litigation. The power to terminate proceedings is drastic but must be exercised when no relief sought can legally be granted.
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