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Supreme Court of India 2025-01-17 dismissed

SUNKARI TIRUMALA RAO & ORS vs PENKI ARUNA KUMARI

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

The petitioners, as partners of an unregistered partnership firm, filed a suit to recover Rs. 30 lakh (partnership capital) from another partner. The High Court dismissed the suit as unmaintainable under Section 69(1) of the Indian Partnership Act, 1932, which bars suits by partners of unregistered firms to enforce partnership contract rights. The Supreme Court upheld this decision, holding that Section 69(1) is mandatory and applies regardless of whether the partnership business had commenced. The Court noted that while suits for dissolution and rendition of accounts are excepted, a bare recovery suit does not qualify. The petition was dismissed.

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Partnership Law Civil Procedure Maintainability of Suit Unregistered Firms

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