Site navigation

In a firm of four partners, three are adjudicated insolvent. Under the Indian Partnership Act, 1932, what is the effect on the firm?

Question and options

In a firm of four partners, three are adjudicated insolvent. Under the Indian Partnership Act, 1932, what is the effect on the firm?

  1. The firm continues until the court dissolves it in a suit

  2. The firm continues until the solvent partner gives notice

  3. The firm continues; the three merely cease to be partners

  4. The firm stands dissolved without any court order or notice

Answer and explanation

Correct answer: D - The firm stands dissolved without any court order or notice

Section 41(a) of the Indian Partnership Act, 1932 provides for compulsory dissolution of a firm when all the partners, or all but one, are adjudicated insolvent; no court order or notice is needed. The rule in section 34, under which an insolvent partner simply ceases to be a partner, fits the case where solvent partners remain who can carry on, but a single solvent partner cannot continue a firm.

Practice for these exams

Related exam syllabi

More solved explanations in Dissolution of a firm