Dissolution on the happening of certain contingencies
Commencement. 1932-10-01 (except section 69) 1933-10-01
Section 42 of the Indian Partnership Act, 1932 deals with dissolution on the happening of certain contingencies. Subject to contract between the partners a firm is dissolved-- (a) if constituted for a fixed term, by the expiry of that term; The Act was enacted on 08 Apr 1932.
Subject to contract between the partners a firm is dissolved--
(a) if constituted for a fixed term, by the expiry of that term;
(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof;
(c) by the death of a partner; and
(d) by the adjudication of a partner as an insolvent.
Section 42, The Indian Partnership Act, 1932 (Act 9 of 1932).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Narayan Shamnani v. Rajinder Prasad Gupta
Court's Decision & Legal Precedent
Final Order order-1.pdf 2011-02-14 DATE VERIFIED. Indermeet Kaur J. RSA 39/2005. Isolate: Partnership Act s.42 dissolves a firm on a partner’s death unless there is a contract to the contrary, but a firm tenancy is inheritable — legal representatives of deceased partners can sue for possession even without joining the surviving partner, because the landlord took all partners as tenants and the tenancy was not terminated. Map 42 only — do not pad ss.18/19 recited as agent authority.
On this section: Partnership Act s.42 dissolves the firm on a partner’s death absent a contrary contract, but that does not extinguish an inheritable firm tenancy; legal representatives of deceased partners may sue for possession without joining the surviving partner (Narayan Shamnani).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Indian Partnership Act?
Narayan Shamnani v. Rajinder Prasad Gupta (14 Feb 2011) is the leading judgment on this section among those set out below: Partnership Act s.42 dissolves the firm on a partner’s death absent a contrary contract, but that does not extinguish an inheritable firm tenancy; legal representatives of deceased partners may sue for possession without joining the surviving partner (Narayan Shamnani).
How do I find court cases under Section 42 of the Indian Partnership Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Partnership Act 42, section 42 Partnership Act, section 42 of the Indian Partnership Act. People searching for it also type indian partnership act 1932 section 42. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Narayan Shamnani v. Rajinder Prasad Gupta (14 Feb 2011).
When was Section 42 of the Indian Partnership Act enacted?
Section 42 of the Indian Partnership Act, cited as Partnership Act 42, was enacted on 08 Apr 1932 as Act 9 of 1932. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.