KASTURI BAI Vs. AMOLAK CHAND AND ANOTHER

JUDGEMENT

(1.) PLAINTIFF/respondent No. 1 brought a suit for eviction of a shop against the firm Lalchand Ashok Kumar Jain. During pendency of the suit, one of the partner of the firm Lalchand died. However, his other legal representatives were not brought on record on the ground that one of the partner Ashok Kumar is already on record. Subsequently, other legal representatives of Lalchand moved an application under Order 1 Rule 10 of CPC for impleading them as a party. This application was rejected vide impugned order by the Trial Court on the ground that under Order 30 Rule 4 of CPC, if one of the partner is already on record, there is no necessity to bring other legal representatives of deceased partner on record.

(2.) THE learned counsel for the petitioners has submitted that they can be made party under sub-rule (2) of Rule 4 of Order 30 of CPC, which provides that nothing in sub-rule (1), shall limit or otherwise affect any right which the legal representatives of the deceased may have in the property of the deceased. However, it is to be noticed that in written statement filed by Lalchand himself in this case, he has nowhere disputed that there was no tenancy in the name of the firm meaning thereby, that the tenanted premises were occupied on behalf of the firm. In the circumstances, it is to be seen whether, retention of the premises, by the firm amounts to any claim against survivors of the deceased Lalchand.

(3.) THE Hon'ble Apex Court in the case of Kanji Manji Vs. Trustees of the Court of Bombay, reported in AIR 1963 SC 468, where the similar question was involved it was held that the notice of eviction to legal representatives of other partner, is not necessary. It means that where the premises were let to a firm, and if one of the partner dies during pendency of the case, where remaining partner is already on record, it is not necessary to bring remaining legal representatives of the deceased partner on record. In other words, tenancy is not a right or claim of the legal representatives of the deceased partner.