Ajayakumar v. Mammykutty
Case brief
What is this about?
High Court of Kerala, Civil Revision, dismissed appeal against order permitting suit against partner for pre-dissolution debt under Section 25 of Partnership Act.
What did the court decide?
Revision petition under Section 115 CPC dismissed, confirming decree against appellant.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930
CRP.No. 1481 of 2003()
---------------------AS.405/1999 of DISTRICT COURT, THRISSUR OS.383/1993 of ADDL.SUB COURT, IRINJALAKUDA
REVN. PETITIONER: APPELLANT IN A.S.NO.405/99/2ND DEFENDANT:
AJAYAKUMAR, S/O. SREEDHARAN, S.V.M. HOSPITAL, VARANTHARAPPILLY, TRICHUR DISTRICT.
BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN
RESPONDENTS: RESPONDENTS IN A.S.NO.405/99/PLAINTIFF:
- MAMMYKUTTY, S/O. VYYATTUKAVIL MUHAMMED, PALLIPPURAM DESOM, KARAKKAD AMSOM, OTTAPPALAM TALUK.
Issues for consideration
2 issues framed by the court
Whether an appellant partner is liable for pre-dissolution debts despite a dissolution agreement with a third party.
Whether Section 25 of the Partnership Act overrides the plea to exhaust remedies against a successor partner before proceeding against the original partner.
Parties & counsel
- appellant
Ajayakumar
- respondent
Mammykutty
- respondent
Surya Ayurvedic Products
- respondent
K.S. Kochumon
Coram
Case details
As recorded by the court registry
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