NDLI: Rajendra Bajoria and Others Vs. Hemant Kumar Jalan and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	A partnership firm was constituted under deed
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection of Plaint – A partnership firm was constituted under deed of partnership dated 06.12.1943 – None of the original partners are alive – Plaintiffs and defendants are legal heirs of the original partners – A suit was filed by the plaintiffs claiming that inspite of demise of the three original partners of the partnership firm, the defendants were carrying on the business of the partnership firm – It was also claimed that defendants were representing the partnership firm excluding the plaintiffs – Therefore plaintiffs, inter alia, sought decree of declaration that they along with defendants were entitled to assets, properties of the firm and also sought dissolution of the firm – Defendants filed applications including an application for rejection of plaint – The Single Judge of the High Court dismissed the applications – However, the Division Bench of the High Court allowed the application for rejection of plaint – It was held that the plaintiffs as legal heirs of some of the original partners cannot maintain any claim in respect of the assets and properties of the said firm – Their prayer for declaration of co-ownership of the assets and properties of the said firm is not maintainable in law – Further, it is settled law that only the partners of a firm can seek dissolution of the firm – Admittedly, the plaintiffs are not partners of the said firm – On appeal, held: The power conferred on the court to terminate a civil action is a drastic one, and the conditions enumerated u/Or.VII R.11 of CPC are required to be strictly adhered to – However, u/Or.VII R.11 of CPC, the duty is cast upon the Court to determine whether the plaint discloses a cause of action, by scrutinizing the averments in the plaint, read in conjunction with the documents relied upon, or whether the suit is barred by any law – The underlying object of Or.VII R.11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings – In the instant case, the findings of the Division Bench of the High Court are correct – Considering the provisions of the Partnership Act and the clauses of the partnership deed, the relief sought in the plaint cannot be granted.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2021 INSC 514
Petitioner	Rajendra Bajoria And Others
Respondent	Hemant Kumar Jalan And Others
SCR	[2021] 10 S.C.R. 607
Judgement Date	2021-09-21
Case Number	5819

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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