MIS. AVK TRADERS versus KERALA STATE CIVIL SUPPLIES CORPORATION LTD.

MIS. AVK TRADERS versus KERALA STATE CIVIL SUPPLIES CORPORATION LTD.

A sole surviving partner, upon death of the other partner in a partnership firm comprised of only two partners, can be permitted to continue the suit as a proprietary concern and amendment of the plaint is justified; such amendment does not impermissibly alter the nature or character of the suit given the facts and circumstances.

Parties
Appellant: MIS. AVK TRADERS; Respondent: Kerala State Civil Supplies Corporation Ltd.
Jurisdiction
India
Judgment Date
29 October 2013
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Devolution of Interest During Pendency of Suit, Partnership Dissolution, Amendment of Plaint, Prosecution by Surviving Partner
Civil Procedure Devolution of Interest During Pendency of Suit Partnership Dissolution Amendment of Plaint Prosecution by Surviving Partner

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Parties

MIS. AVK TRADERS

Appellant

Kerala State Civil Supplies Corporation Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether a sole surviving partner may continue a suit filed by a partnership firm as a proprietary concern after the death of the other partner
  2. 2 Whether amendment of plaint to reflect change from partnership firm to proprietary concern alters the nature and character of the suit

Ratio Decidendi

A sole surviving partner, upon death of the other partner in a partnership firm comprised of only two partners, can be permitted to continue the suit as a proprietary concern and amendment of the plaint is justified; such amendment does not impermissibly alter the nature or character of the suit given the facts and circumstances.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Permission granted to appellant to prosecute the suit as proprietary concern