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october 2013

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.

M/S Avk Traders vs Kerala State Civil Sup. Corp. Ltd · Niyam