Court Order to Expel a Partner?

Dear Vishal,

My query is in relation to the expulsion of a partner.

I've gone through the discussion between you and mr.siva and most of my doubts have been cleared.

But the issue with my client's case is that the firm has only two partners and one of them sold the property belonging to the firm in his personal capacity and misappropriated the entire proceeds.

Now my client wants to expel the erring partner.

Kindly help me advice the client.

Technically & legally there can be no partnership if the other partner is expelled. Your client has rights to retrieve the property misappropriated by the errant partner

Dear Vishal,

Thanks for the prompt response.

The erring partner in this case is absconding and my client has already filed a criminal complaint and the case is being investigated by the police. While things stood thus the erring partner sold the property to third parties and misappropriated the entire amounts. Our client has tried to establish contact for resolution of the dispute amicably with no success. So now we're contemplating for filing of a civil suit declaring the sales entered by him as null and void as the acts of the erring partner do not bind the firm.....

Now after we get a favourable decree and the court declares the property belongs to the firm my client does not want the erring partner to share the benefits. So for that do we need to institute a separate suit against him?