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In which of the following case court can order dissolution of a partnership firm.

Solution

✅ Correct Option: 3

Under the Indian Partnership Act, 1932, different situations lead to dissolution through different mechanisms. It's important to distinguish between dissolution by court order and dissolution that occurs automatically.

Dissolution by Operation of Law (Automatic - No Court Order Required):

  • Death of a partner (Option 1)
  • Insolvency of a partner (Option 4)

These events cause automatic dissolution unless the partnership deed provides otherwise.

Dissolution by Expiry of Term (Automatic - No Court Order Required):

  • When the fixed term of partnership ends (Option 2)

The partnership dissolves automatically on completion of the specified period.


Dissolution by Court Order requires a partner to approach the court with specific grounds mentioned under Section 44 of the Partnership Act. The court has the power to order dissolution in cases such as:

  • When a partner becomes of unsound mind
  • When a partner becomes permanently incapable of performing duties
  • When a partner is guilty of misconduct affecting the business
  • When a partner persistently breaches the partnership agreement
  • When a partner transfers their entire interest to a third party
  • When the business cannot be carried on except at a loss (Option 3)

In Option 3, continuous losses make it impractical to continue the business. A partner can file a suit requesting the court to dissolve the firm on this ground, as it's not in the interest of partners to sustain ongoing losses.

The correct answer is Option 3 because it represents a situation where court intervention is specifically required for dissolution.

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