Supreme Court of India · 1996-10-01
BRIJ KISHORE SHARMA & ANR. vs M/S. RAM SINGH & SONS & ORS.
- Citation / case number
- SC 1980/63375
- Court
- Supreme Court of India
- Petitioner
- BRIJ KISHORE SHARMA & ANR.
- Respondent
- M/S. RAM SINGH & SONS & ORS.
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the decision of the Patna High Court, affirming that a partnership firm can maintain a suit without joining the legal representatives of a deceased partner, as per Order XXX Rule 4 of the CPC, which states that it is not necessary to join legal representatives in such cases. The Court clarified that the trial court's dismissal of the suit for non-joinder was incorrect, and the High Court's ruling that the suit was maintainable was correct. Additionally, the Court found no merit in the appellants' claim regarding the execution of the promissory note, as the High Court had thoroughly examined the evidence.