Order XXX Rule 4: Right of suit on death of partner

(1) Notwithstanding anything contained in section 45 of the Contract Act, 1872 (IX of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. (2) Nothing in sub rule (1) shall limit or otherwise affect any right which the legal representative of the deceased may have (a) to apply to be made a party to the suit, or (b) to enforce any claim against the survivor or survivors.

Effective date: 1909-01-01

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