Supreme Court of India
Mis. Avk Traders v. Kerala State Civil Supplies Corporation Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the legal consequences pointed out by the High Court might apply in a case where one of the several partners dies in the suit instituted in the name of the partnership firm· as compared to when one of the two F partners of the partnership dies.
Judgment, page 8
From the headnote
Code of Civil Procedure, 1908 - Or.XX/I, r. 10 - Devolution of interest during pendency of suit - Suit instituted by partnership firm consisting of two partners - One of the two partners died - Subordinate Court allowed amendment sought by the sole surviving partner (appellant) and permitted him to proceed with the suit as a proprietary concern - Justification - Held: Justified - The Court can grant leave to prosecute the 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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