Retired partner's positing in a partnership firm

KmeduVishnu (Querist) 10 June 2014 This query is : Resolved
Dear Experts,

In a partnership firm the Managing Partner and other partners are willing to retire since they crossed 67 years and wants to be tension-free.

In their places some new Partners may suppose willing to join, then my doubt is whether in a pending civil suits filed by the firm for recovery of money due on promissory notes, the New Partners shall continue the pending suits? or the retired Managing Partner has to come for giving evidence.

Thanks in advance.

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Devajyoti Barman (Expert) 10 June 2014
Yes, new partners can continue the pending suit by way of substitution under order 22 rule 10 of cpc.
The retired partner can nevertheless be summoned if their evidence is required.