vijay (asst manager) 16 July 2016

Part to dead person

Dear Sirs,

Builder is partnership firm ,out of three partners one partner is no more and now we want to file the case against the builder in Consumer forum for deficiency of the services .shall i mentioned the name of dead partner a OP ,or shall i make firm and rest two partners party only .Pls suggest

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JustAdvisor (IT) 16 July 2016

as per section 25 of Partnership Act, partner is liable for acts of the firm while he is a partner. he ceases to be partner on his death. facts have not been provided whether the partner was alive when the cause of action arose. if the answer is affirmative, his estate is liable and you can make his legal representative a party. is the partnership firm registered? do you have copy of partnership agreement? if yes does it provide for continuance of partnership despite death of one partner? show all documents to an able counsel for a considered opinion.