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Vaidyanatha Ayyar and ors. Vs. Chinnasami Naik - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in(1894)ILR17Mad108
AppellantVaidyanatha Ayyar and ors.
RespondentChinnasami Naik
Cases ReferredVenkataramanna v. Venkayya I.L.R.
Excerpt:
contract act - act ix of 1872, sections 45, 263--suit by surviving member of a firm alone--succession certificate act--act vii of 1889, section 4--suit by surviving partner and heir of deceased partner. - 1. there can be no doubt that a surviving partner can sue alone for the recovery of a partnership debt, and, in that case, no certificate will be necessary. on this point we agree with the bombay high court in motilal bechardoss v. ghellabhai hariram i.l.r. 17 bom. 62. we are also of opinion that the suit is maintainable if brought by the surviving partner conjointly with the heir of the deceased partner. in the latter case a certificate of heirship will be necessary, unless it appears, on the face of the document sued on, that the debt is a coparcenary debt--compare venkataramanna v. venkayya i.l.r. 14 mad. 3773. the above is, we think, a sufficient answer to the questions referred to us.
Judgment:

1. There can be no doubt that a surviving partner can sue alone for the recovery of a partnership debt, and, in that case, no certificate will be necessary. On this point we agree with the Bombay High Court in Motilal Bechardoss v. Ghellabhai Hariram I.L.R. 17 Bom. 6

2. We are also of opinion that the suit is maintainable if brought by the surviving partner conjointly with the heir of the deceased partner. In the latter case a certificate of heirship will be necessary, unless it appears, on the face of the document sued on, that the debt is a coparcenary debt--compare Venkataramanna v. Venkayya I.L.R. 14 Mad. 377

3. The above is, we think, a sufficient answer to the questions referred to us.


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