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Civil · Reportable judgment

Sunkari Tirumala Rao & Ors. vs Penki Aruna Kumari

Court
Supreme Court of India
Date
17 January 2025
Case No.
Special Leave Petition (Civil) No. 30442 of 2019
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 1 S.C.R. 902 : 2025 INSC 92
Acts & Sections
Partnership Act, 1932
Supreme Court Reports [2025] 1 S.C.R. 902 : 2025 INSC 92
Issue for consideration
Whether a suit for recovery of money filed by partners of an unregistered partnership firm against a partner of the same firm is maintainable.
Headnote

Partnership Act, 1932 – Section 69 – Suit for recovery of money filed by petitioners/plaintiffs, partners of an unregistered partnership firm, against respondent/defendant, a partner of the same firm – Trial Court found the suit to be maintainable as partnership business had not commenced – High Court found suit not maintainable as per Section 69(1) – SLP against High Court order dismissed – Partnership firm being unregistered would prevent the petitioners from filing a bare suit for recovery of money from the respondent: Held: Petitioners/plaintiffs filed a suit for recovery of money in their capacity as partners of an unregistered partnership firm, against respondent/ defendant – Maintainability of suit challenged on grounds of Partnership Act, Section 69 – Trial Court found the suit to be maintainable as partnership business had not commenced – In Civil Revision Application, High Court found the suit not to be maintainable under Section 69(1) as agreement of partnership was unregistered – SLP against High Court order dismissed – Mandatory character of Section 69(1) and (2) discussed – Seth Loonkaran Sethiya and Others v. Mr. Ivan E. John and Others relied on – Rigours of Section 69(1) would apply and the partnership firm being unregistered would prevent the petitioners from filing a bare suit for recovery of money from the respondent – Would have been more appropriate had the petitioners/plaintiffs filed a suit of dissolution instead, in light of the exception under Section 69(3) – Mukund Balkrishna Kulkarni v. Kulkarni Powder Metallurgical Industries and Another relied on. [Paras 15-17]

Keywords: Unregistered partnership firm · Dissolution · Recovery of money · Maintainability · Existence of a partnership · Enforce a right arising from a contract

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Aishani Narain, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. This petition arises from the order passed by the High Court of Andhra Pradesh at Amravati dated 17-7-2019 in Civil Revision Petition No.2944/14 by which the High Court allowed the Revision filed by the respondents (original defendants) and thereby set aside the order passed by the District Judge, Vizianagaram in Original Suit No.80/12 deciding a preliminary issue as regards the maintainability of the suit instituted by the petitioners – herein (original plaintiffs) for recovery of money. 2. It appears from the materials on record that the petitioners – herein (original plaintiffs)
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