M/S AVK TRADERS vs KERALA STATE CIVIL SUP. CORP. LTD.

The Supreme Court upheld the decision of the Subordinate Court allowing M/s AVK Traders to continue the suit after the death of one partner, citing the relevant provisions of the Partnership Deed. The Court clarified that upon the dissolution of the partnership, the surviving partner could continue the business as a proprietary concern, thus permitting the Appellant to amend the plaint and prosecute the suit. The Court dismissed the Respondent Corporation's appeal against the Subordinate Court's orders, affirming the right of the surviving partner to pursue the claims against the Corporation.