AIROnline 1996 SC 42 ::(1997) 1 Rec Civ R 698 ::1996 (11) SCC 480 ::1997 (2) Mad LW 647 ::1997 (1) Land LR 152 ::1997 (1) APLJ 2 ::(1996) 4 Cur CC 153 ::(1997) 1 Bank Cas 503 ::(1997) 1 Bank LJ 275 ::(1996) 10 JT 38 ::(1996) 10 JT 38 (SC)

Supreme Court Of India

Hon'ble Judge(s): K. Ramaswamy, G. B. Pattanaik , JJ

(A) Civil P.C. (5 of 1908) , O.30 R.4(1)— Suit for recovery by registered partnership firm - Necessary party - Legal representatives of deceased partner who dies whether before institution of proceedings or during pendency of proceedings - Need not be substituted as a co-nominee party plaintiff/defendant to suit - Hence, need not be joined as necessary party. (Para 3) (B) Partnership Act (9 of 1932) , S.64— Suit by registered firm - Impleading all partners as party to suit not necessary - Mere fact that one of the partners died pending suit and legal representatives were not brought on record - Cannot be ground to dismiss the suit for non-joinder of necessary and proper parties. (Para 4)