Supreme Court · 2013 INSC 733 · Decided 29 October 2013
MIS. Avk Traders v. Kerala State Civil Supplies Corporation LTD.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 733 · [2013] 10 S.C.R. 562
- Case number
- CIVIL APPEAL No. 9697/2013
- Decided
- 29 October 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or.XX/I, r. 10 - Devolution of interest during pendency of suit - Suit instituted by C partnership firm consisting of two partners - One of the two partners died - Subordinate Court allowed amendment sought by the sole surviving partner (appellant) and with the suit as a proprietary concern - Justification - Held: Justified - The Court can grant leave to prosecute the D suit against the person to or upon whom such interest has been devolved - On facts, the partner who died was none other than the father of the appellant, and the other heir
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