(hereinafter being referred to as ‘the Act’) which reads as below: - “42. 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 the 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.” 49. Learned counsel submitted that as per Section 42(c) of the Act, the death of a partner leads to automatic dissolution of the firm. He submitted that Shri M. Balraj Reddy i.e. Partner No. 3 in the firm admittedly expired in the year 1984 and consequent to his death, the firm stood dissolved automatically. 10. He further urged that it is settled law that it is the duty of the Court to dismiss any suit instituted after the prescribed period of limitation, although limitation has not been set up as a defence and thus, the learned Division Bench