Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
R.S. Sethupathy – Appellant
Versus
S.P.G.R. Madhavan (died) – Respondent
ORDER :
Third parties to the suit in O.S.No.54 of 2016 on the file of the Sub Court, Virudhunagar, have filed the present civil revision, challenging the dismissal of their application to get themselves impleaded in the suit for dissolution of partnership firm and render true and correct accounts of first defendant partnership firm from 2012-2013.
2. A perusal of the records reveals that the some of the respondents herein have filed the above said suit for the relief of dissolution of partnership firm and render correct of accounts for the partnership firm from the financial year 2012-2013 onwards. Pending suit, the plaintiffs had filed an application in I.A.No.10 of 2023 directing the defendants to pay a sum of Rs.75 lakhs as interim payment and to adjust the same from the amount due to the respondents. This application came to be allowed, challenging the same, the defendants had filed CRP(MD)No.3379 of 2023. This Court, by an order, dated 22.12.2023, had directed the defendants to deposit a sum of Rs.40,00,000/- into the trial Court within a period of three weeks from the date of receipt of copy of the order and on such deposit being made, the learned trail Judge was directed to co
Legal heirs of deceased partners not entitled to be impleaded in a dissolution suit if not recognized as partners in the current partnership deed.
Legal heirs of deceased are necessary parties in suits over self-acquired property; impleadment allowed at appellate stage to prevent multiplicity.
Necessary parties claiming under will must be impleaded in heirship suit to avoid multiplicity, subject to proof.
Substitution and abatement – Revision cannot abate as a whole when legal heirs of deceased respondent are desirous to be impleaded in revision.
The appropriate procedure under CPC to implead legal heirs in a pending suit post the death of the original plaintiff must be properly followed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
