Retiring partner never took action for rendition of accounts - legal heirs cannot automatically become partners of firm without consent of other existing partners - Dismissal of suit filed by LRs of retiring partner , was proper

Citation

AIROnline 2022 SC 342

SUPREME COURT

B. R. GAVAI , J. and PAMIDIGHANTAM SRI NARASIMHA , J.

CIVIL APPEAL - 2741 of 2009 D/- 23 - 9 - 2022

Usha Gopirathnam and Ors. v. P. S. Ranganathan (D) Thr. Lrs. and Ors.

Partnership Act (9 of 1932), S.39, S.43 - Dissolution of partnership firm - Dismissal of suit -

Correctness of - Partner duly expressed his intention to retire from partnership by a letter -

Retiring partner never took action for rendition of accounts - Concurrent findings regarding

retirement of partner - Appellants, LRs of retiring partner cannot seek share in Firm after

delay of 27 long years - Also, legal heirs cannot automatically become partners of firm without

consent of other existing partners - Dismissal of suit filed by LRs of retiring partner , was proper

- However, considering the fact that this is a fit case for amicable settlement as parties are

closely related to each other , direction issued to respondents to grant certain portion of land to

Appellants so that their claim stands satisfied to some extent .

 (Paras 16 , 17 , 18)