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If partnership firm is dessolved and no partners alive during the pendncy of the suit

(Querist) 03 March 2012 This query is : Resolved 
Dear Friends,
I have filed one suit u/o 37 of C.P.C. against a partnership firm and summons is issued in the name of defendant firm and one of the partner has signed in his personal capacity which means there is no specifically mentioned on the back side of summons that, he is signing in the capacity of partner of the defendant firm and While pendency of suit it is come to the plaintiff’s knowledge that defendant firm is dissolved earlier and no more partners except said present partner are alive. The partner who is alive and appeared in the said suit is also 72 years of age. Now in this situation if said partner of defendant firm will expire then what will the remedy exist for the plaintiff. What steps should plaintiff take for safe side?
Guest (Expert) 04 March 2012
The question arises, what is the actual matter of cause for the suit, when did the firm dissolve, on which date did you file the case, whether the summon was served to the partner before or after the dissolution of the firm and what liability of each of the partners had been assigned in the dissolution deed after the date of dissolution?
Nadeem Qureshi (Expert) 04 March 2012
yES. I also agre with Mr. Dhingra
prabhakar singh (Expert) 04 March 2012
The partners of a firm are jointly and severally as well as personally liable towards third party liabilities.Hence nothing to worry about.In addition,if limitation still survives for the suit you can add heirs/LRS of other partners.In case there is no limitation for that purpose,then let the suit proceed against this partner alone and if he dies you can bring his LRS on the record by the substitution.There can not be any objection why you did not implead
other partners because you have right to proceed against any one or many or all under law.
Raj Kumar Makkad (Expert) 04 March 2012
I endorse the views of Ld. Prabhakar Singh ji on this subject.
bhavin (Querist) 05 March 2012
Thank you very much.


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