Suit filed by reg partnership firm can be continued by the surviving partner: SC

The Supreme Court of India clarified that a suit filed by a registered partnership firm (consisting of only two partners) can be continued by the surviving partner in case of dissolution of partnership by expiry of the other partner during the pendency of the said suit.
Agreeing with the Subordinate Court, the Court said that upon expiry of one of the partners, there was a complete ‘devolution of interest’ in favour of the surviving partner under Order XXII Rule 10 Civil Procedure Code and he can continue the pending suit.
Disagreeing with High Court’s reasoning that allowing such a suit to continue would alter the nature and character of the suit, the Court said “the High Court failed to notice that if the partnership firm succeeds in the suit, the decree so granted would not be executable, and hence a nullity.”

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