Supreme Court rules that a partnership firm's pending appeal survives the death of a partner; legal heirs must be impleaded.
Death of Partner Does Not Abate Firm’s Pending Appeal: Supreme Court
The Supreme Court held that the death of a partner does not automatically abate a civil or corporate appeal filed by a partnership firm. The proceedings can continue with the substitution of legal heirs of the deceased partner, ensuring procedural continuity.
The appeal was filed by a partnership firm before the death of one partner. The opposing party objected to continuation, arguing abatement. The Court clarified that a firm, as a juristic entity for litigation purposes, continues despite changes in partnership. Order IX Rule 9 of the CPC allows impleadment of legal representatives to prevent failure of justice.
"So long as the firm continues, the appeal instituted by it does not abate merely due to death of a partner."
Practitioners handling legacy litigation must promptly apply for substitution of deceased parties. Delayed applications may be condoned under Order XXII Rule 4, but proactive compliance ensures uninterrupted proceedings.
Citations
- Code of Civil Procedure, 1908, Order XXII Rule 4
- Order IX Rule 9