Q. What are the equivalent citations for Sambasiva Ayyar vs Ganapathi Ayyar ?

The equivalence citation are45 IND. CAS. 727 ; AIR 1918 MAD 264 1 ; LQ/MadHC/1917/231 ;

Sambasiva Ayyar Vs. Ganapathi Ayyar On 11 September, 1917

Q: Q. What was the bench assigned for the case Sambasiva Ayyar vs Ganapathi Ayyar?

HONBLE MR. JUSTICE WILLIAM AYLING , HONBLE MR. JUSTICE SESHAGIRI AIYAR

Open iDraf

Sambasiva Ayyar v. Ganapathi Ayyar

Sambasiva Ayyar
v.
Ganapathi Ayyar

(High Court Of Judicature At Madras)

No. | 11-09-1917

[1] The Subordinate Judge, in declaring that the partnership shall stand dissolved as from the date of the judgment, has given no reason for fixing that date. Order XX, Rule 15 of the Civil Procedure Code, no doubt, gives a discretion to the trial Court to fix the date; but it is a judicial discretion and not an arbitrary one. Ordinarily, as pointed out in Lindley on Partnership, page 644, the Court should direct dissolution either from the date of any notice given in that behalf by one of the partners or from the date of the plaint. Section 25 of the Contract Act shows that in some cases the date of the judgment would be the most convenient date. See also Lyon v. Tweddell (1881) 17 Ch. D. 529 : 50 L.J. Ch. 571 : 44 L.T. 785 : 29 W.R. 689 : 45 J.P. 680.

[2] In the present case, the parties have been at arm s length since the filing of the plaint and an attempt to get a Receiver appointed was resisted by the first defendant. We think, under the circumstances, the partnership should stand dissolved as from the date of the plaint. The decree will be amended accordingly. There must be further consequential amendments in the decree. Each party will bear his own costs.

Advocates List

For the Appearing Parties -------

Bench List

HON'BLE MR. JUSTICE WILLIAM AYLING

HON'BLE MR. JUSTICE SESHAGIRI AIYAR

Eq Citation

45 IND. CAS. 727

AIR 1918 MAD 264 1

LQ/MadHC/1917/231

HeadNote

Partnership Act, 1932 — Ss. 42 and 43 — Dissolved date of partnership — Fixation of — Held, in present case, parties were at arm s length since filing of plaint and an attempt to get a Receiver appointed was resisted by first defendant — Hence, partnership should stand dissolved as from date of plaint — Civil Procedure Code, 1908 — Or. XX, R. 15 — Contract Act, 1872, S. 25