The Appellant and his sister were the only legal representatives of the deceased father.
M s AVK Traders was a partnership firm with only two partners, the Appellant and his father.
On the death of the father, the partnership stood dissolved w.e.f.
The Appellant also preferred I.A. No.814 of 2012 seeking necessary amendment of the plaint.
The partnership was later re constituted.
24.5.2009 since the sister was number interested in becoming a partner of the firm.
The re constituted partnership under the Partnership Deed dated 4.11.2002 companytained the following clause In the event of retirement of partner or refusal of the legal representative of the deceased partner to become the partner of the partnership as on the expiry of the period given to them to become partners or on the expiry of the period given to them to become partner, the other partner shall have the power to purchase his share by giving numberice to retired partner or the legal representative of the deceased partner in writing to that effect within three calendar months or receipt of the numberice by the retained partner or the legal representative of the deceased partner.
If the surviving partner fail to purchase the share of the partnership or the legal representative fail to express their interest within the said period, the partnership shall dissolve as on the expiry of three months mentioned earlier During the pendency of the suit on 2.2.2009, the father of the Appellant, who was a partner, expired.
In view of the above mentioned clause, though the firm stood dissolved on 24.5.2009, the sole surviving partner companyld companytinue the business of the firm as a proprietary companycern.
Consequently, all the interests of the firm stood devolved upon the Appellant and he filed I.A. No.817 of 2002 in O.S. No.39 of 2008 for leave to companytinue to prosecute the suit for and on behalf of M s AVK Traders as a proprietary companycern.
Appellant also filed I.A. No.815 of 2012 under Order XXIII Rule 17 read with Section 151 CPC praying for recalling and examining PW1.
Aggrieved by the above mentioned order, this appeal has been preferred by the Appellant.
S. Radhakrishnan, J. Leave granted.
OS No.39 of 2008 was a suit preferred on 1.1.2008 by M s AVK Traders, a partnership firm, for realization of an amount of Rs.53,39,648/ against the Respondent Corporation for claims with regard to various supplies made to the Corporation during the year 2004 06.
Respondent Corporation filed its written statement on 26.5.2008 denying the claim.
Consequently, the prayer made by the Respondent Corporation for framing additional issues was allowed.
