1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.1733 of 2007 IN Suit No.265 of 2005 Mohammed Iqbal Gulam Husain Khan. ... Plaintiff v/s. Smt.Batul Abdulla Khan & anr. .. Defendants Ms.E.A. Gonsalves for plaintiff. None for defendants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 4th June, 2008 P.C. : 1.This Notice of Motion is taken out by the defendants, essentially for rejection of the plaint as barred by the Law of Limitation under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, 1908. The Suit is between the family members as partners. It is for dissolution of the Partnership Firm of the parties. The Partnership Firm was essentially between the three brothers. Defendant No.1 is the wife of the deceased brother, who was also a partner. Defendant No.1 was also a partner from the inception. 2.The registration certificate of the Firm shows continuance of 2 the business of the Firm even after the death of the husband of defendant No.1, who was then a partner. He expired on 30.1.1992. The entry has been made in the registration certificate on 1.9.1992 about his death. Thereafter the Firm has continued business at a new place of business. An entry relating to the place of business is made on 8.1.1997. 3.It is the contention of the plaintiff that the Partnership Deed between the parties specifically allowed the continuance of the partnership business after the death of any partner. That is the Agreement to the contrary from what is mentioned in the Partnership Act itself. Hence, the business continued despite the death of the partner. The business is continued until a notice of dissolution. The Suit itself constitutes a notice of dissolution. The plaintiff has prayed that the Firm be dissolved from the date of the Suit. Consequently, the Suit, as prayed, is not seen to be barred by the Law of Limitation. 4.The defendants and their Advocates are absent. The Notice of Motion is dismissed. No order as to costs. [SMT.ROSHAN DALVI, J.]