Order 30 Rule 4 CPC: Rights of suit on death of partner

Bare Act text

4. Rights of suit on death of partner.—(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 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 effect 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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Despite section 45 of the Indian Contract Act, where persons may sue or be sued in a firm's name and one of them dies, before or during the suit, it is not necessary to join the deceased's legal representative as a party. This does not limit the legal representative's right to apply to be made a party, or to enforce any claim against the surviving partner or partners.

Order XXX Rule 4 CPC: Rights of suit on death of partner

Bare Act text

In simple words

Order XXX: Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own