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Supreme Court of India 2019-10-18 dismissed

S.P. Misra & Ors vs Mohd. Laiquddin Khan & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal concerns the executability of a partnership decree against the legal heirs of a deceased partner. The Supreme Court held that when a partnership dissolves on a partner's death, a decree obtained against the partnership cannot be executed against the deceased partner's legal heirs unless they: (1) were parties to the partnership deed, or (2) derived benefit from partnership assets. The Court upheld the Trial Court's order dismissing execution proceedings against the respondents-heirs, finding no error in the High Court's confirmation. The appeal was dismissed without costs.

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Partnership Law Civil Procedure Execution of Decrees Succession Death of Partner

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