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october 1996

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.

BRIJ KISHORE SHARMA & ANR. vs M/S. RAM SINGH & SONS & ORS. · Niyam