VidhiSangh

Supreme Court of India · 18/10/2019

S. P. MISRA & ORS. versus MOHD. LAIQUDDIN KHAN & ANR.

[2019] 13 S.C.R. 497 · 2019 INSC 1163

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Summary

Heirs of a partner sought to execute development-related injunctions against the other partner’s heirs. The firm had only two partners. The Court held that death dissolved the partnership, and a clause purporting automatically to make heirs partners could not bind non-consenting third parties. The particular decree was therefore not executable against these respondents; several execution requests also exceeded its terms.

Issues

  1. Whether the partnership decree could be enforced against heirs who had not become partners.
  2. Whether execution relief exceeded the decree.

Held

Result

The appeal was dismissed without costs, affirming the order allowing the respondents’ section 47 CPC application and holding the decree not executable against them.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 497.