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The Court may order a partnership firm to be dissolved in which of the following case?

Solution

✅ Correct Option: 3

The question asks about dissolution by court order, which is different from automatic dissolution.

Under the Indian Partnership Act, 1932, certain events lead to automatic dissolution without requiring a court order:

  • When business becomes illegal → Dissolution by operation of law (Section 41)
  • Death of a partner → Automatic dissolution (Section 42)
  • Expiry of partnership term → Automatic dissolution (Section 43)

However, when a partner becomes insane (of unsound mind), the partnership does not dissolve automatically. Instead, under Section 44 of the Partnership Act, any partner can file a suit, and the court may order the dissolution of the firm.

This is because insanity affects a partner's ability to perform partnership duties, but the other partners may choose to continue. Therefore, court intervention is necessary to decide whether dissolution is appropriate based on the circumstances.

Option 3 is correct as it specifically requires a court order for dissolution, which aligns with the question's requirement.

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