Supreme Court · 1996 INSC 1135 · Decided 1 October 1996
Brij Kishore Sharma and ANR. v. M/S Ram Singh and Sons and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1135 · [1996] SUPP. 7 S.C.R. 152
- Case number
- CIVIL APPEAL No. 1562/1980
- Decided
- 1 October 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Contract Act Section 45
Headnote
Code of Civil Procedure, 1908/Co11tract Act, 1872. Order 30, Rule 4/s.45-Parties to suit-Suit for recovery of mo11ey le11t C by a part11ership finn under a promissory 11ote-Trial Court dismissi11g the siut on the ground that since 011e of the partners died pending suit and neither he had been made the suit was bad for non-joinder of necessary and proper par­ ties-Held, by operation of Sub-nile(l) of Rule 4 of Order XXX, despite the D embargo u/s.45 of Contract Act, it is not necessary that legal representatives of deceased partner who die$ whether before institution of the
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