ERANEE et al. v. NUSSERWANJEE.

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,

and Mr.   Justice  Wendt.

 

ERANEE  et al.  v.  NUSSERWANJEE.

 

D.  C.,  Colombo, 23,289.

 

    Action on foreign judgment-Partnership transaction-Death of one of several partners-Right of surviving partner or partners to continue the action-Legal representatives of deceased partner need not be joined -Prescription-" Absence beyond seas "-Presence of agent or attorney - Constructive inhabitancy - Insufficiency -Prescription Ordinance (No. 22 of 1871), ss. 7, 11, 14, and 15.

 

    On the death of one of two or more partners, the right to sue on any partnership transaction survives to the surviving partner or partners; the legal representatives of the deceased partner or partners are not necessary parties to such a suit.
 
    The appointment of an attorney or agent to act for a person in Ceylon does not remove the disability constituted by " absence beyond seas " under section 14 of Ordinance No. 22 of 1871.
 
    Quaere.-Whether an interlocutory order which has not been appealed against can be opened upon the hearing of the appeal on the final judgment.

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