NDLI: S. P. Misra & Ors. Vs. Mohd. Laiquddin Khan & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Partnership Act s.42(c) 1932 Predecessor-ininterest
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Partnership Act, 1932 (9 of 1932)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Indian Partnership Act, 1932 – s.42(c) – Predecessor-ininterest of the appellants and that of the respondents entered into partnership for carrying on business in real estate, by developing the land which formed part of Paigah Compound – Predecessorin-interest of the respondents is the owner of open land with structures situated in Paigah Compound bearing no.156-159 admeasuring 22,253 sq. mtrs. approx. – Predecessor of the appellants filed suit – Major portion of the land was developed– Dispute to an extent of 3381 sq. mtrs., claimed by the plaintiff, forming part of Property No.156-159 of Paigah Compound – Suit decreed – Predecessor of the appellants and the respondents died – Appellants filed Execution Petition before the Trial Court – In the Execution Petition, respondents filed application u/s.47, CPC, 1908 – Allowed – Challenged by the respondents – Allowed by the High Court – On appeal, held: Reliefs sought in execution petition are going beyond the scope of the decree – Executing Court cannot travel beyond the decree – In the present case, there were only two partners, the partnership itself stand dissolved, in view of death of a partner – Once the partnership comes to an end, by virtue of death of one of the partners, there will not be any partnership existing in which legal representatives of late respondents could be taken in – Decree obtained by late predecessor of the appellants against late predecessor of the respondents, in pursuance of the partnership deed, cannot bind the legal representatives of late respondents, as such, the decree is not executable against them – When such legal representatives are not parties to the contract, such contract cannot confer rights or impose obligations arising under it on any third party, except parties to it – Executable decree depend on the rights litigated by the parties – Original decree was obtained against the predecessor of the respondents, who was party to partnership deed– Thus, when the partnership stands dissolved statutorily, by operation of law, in view of provision u/s. 42(c) of the 1932 Act, the question of execution in pursuance of the decree does not arise – No error committed by the High Court by dismissing the Civil Revision Petition filed by the appellants – Code of Civil Procedure, 1908 – s.47.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 1163
Petitioner	S. P. Misra & Ors.
Respondent	Mohd. Laiquddin Khan & Anr.
SCR	[2019] 13 S.C.R. 497
Judgement Date	2019-10-18
Case Number	3311

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