Limitation for winding up an unregistered partnership firm runs from dissolution, and accounting claims do not revive the petition.

A petition to wind up an unregistered partnership firm was treated as governed by Article 137 of the Limitation Act, 1963, with time running from the date the right to apply first accrued on dissolution. The court rejected the argument that a continuing obligation to account for post-dissolution profits kept the petition alive, holding that such accounting relief arises only within winding-up proceedings and does not create a fresh cause of action for invoking clauses (b) or (c) of section 583(4) of the Companies Act, 1956. Where the firm was already dissolved, clause (a) was the proper basis, not clauses (b) or (c), so the petition was held barred by limitation and not maintainable on the grounds raised.

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Issues: Whether the company petition for winding up of an unregistered partnership firm was barred by limitation and maintainable under section 583(4) of the Companies Act, 1956.

Analysis: The petition was filed more than three years after the firm stood dissolved on the death of a partner. Article 137 of the Limitation Act, 1963 applies to petitions under special statutes filed in civil courts, and the right to apply accrued when dissolution occurred. The contention that continuing liability to account for post-dissolution profits kept the winding-up petition alive was rejected, since such accounting relief arises only within winding-up proceedings and does not furnish a fresh cause of action for invoking clauses (b) or (c) of section 583(4). The court also held that where the firm is already dissolved, the proper ground is clause (a), not clauses (b) or (c).

Conclusion: The petition was barred by limitation and not maintainable on the grounds urged; it was held against the petitioner.

Ratio Decidendi: Article 137 of the Limitation Act, 1963 governs a petition for winding up under the Companies Act, and the period begins when the right to apply first accrues on dissolution of the firm.

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