Supreme Court of India · 2013-10-29
M/S Avk Traders vs Kerala State Civil Sup. Corp. Ltd
- Citation / case number
- AIRONLINE 2013 SC 129
- Court
- Supreme Court of India
- Petitioner
- M/S Avk Traders
- Respondent
- Kerala State Civil Sup. Corp. Ltd
- Author
- K.S. Radhakrishnan
- Bench
- A.K. Sikri, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court held that under the provisions of the Partnership Act, a partnership firm is dissolved upon the death of a partner unless the remaining partner opts to continue the business as a proprietary concern. The Court affirmed the Subordinate Court's decision allowing the surviving partner to continue the suit as a proprietary concern, emphasizing the necessity of amendments for effective adjudication under Order XXIII Rule 17 and Section 151 CPC. The appeal by the Respondent Corporation was dismissed, upholding the lower court's orders.