Authority: Supreme Court of India
Order Date: 18-08-2026
Case Overview
- Petitioners: Khaitan Consultants Limited; Respondents: M/s. P.L. Mullick and Company & Ors.
- Origin: Petitions for Special Leave to Appeal (C) Nos.5067‑5068/2026 arising from impugned final judgment and order dated 06-01-2026 in CAN No.11/2025 and CAN No.12/2025 passed by the Calcutta High Court.
- Core legal question before the High Court: In a suit against a partnership firm where both partners are deceased, whether the suit or appeal stands abated if heirs/legal representatives are not substituted within the prescribed limitation period.
- High Court's finding: Rejected the petition seeking declaration that the second appeal filed by the partnership firm had stood abated.
Final Outcome
- The Supreme Court directed that the Calcutta High Court should hear the main appeal on its own merits.
- The appeal must be taken up for hearing and decided within two months from the date of this order (i.e., by 18‑10‑2026).
- Parties are permitted to raise all contentions available to them in law.
- The petitions for special leave to appeal are disposed of.
- Any pending applications, if any, are also disposed of.
- Order signed digitally by Deputy Registrar Court Master (NSH), Vishal Anand, on 2026.08.18 19:25:41 IST, with Pooja Sharma also noted.
Topics: Legal Procedure, Partnership Law