S Shivraj Reddy (D) vs S Raghuraj Reddy 2024 INSC 427 – Limitation – Partnership

Limitation Act, 1963; Section 3-Even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation- V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao (2005) 4 SCC 613 and Narne Rama Murthy v. Ravula Somasundaram (2005) 6 SCC 614 (Para 15-16, 18)

Partnership Act, 1932; Section 42 – In terms of Section 42(c) of the Act, the partnership stands dissolved upon the death of the partner – Referred to Davesh Nagalya(Dead) and Ors. v. Pradeep Kumar(Dead) (2021) 9 SCC 796- Unless and until there was a contract between the remaining partners of the firm to the contrary, the business activities even if carried on by the remaining partners of the firm after the death of the partner, would be deemed to be carried in their individual capacity. (Para 19)

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