MD. MOFAZZULAR RAHMAN Vs. MD. SARFARAZ ALAM

JUDGEMENT

(1.) The defendant no.1 has filed the present application being G.A. No. 8 of 2023 in C.S. (Com) No. 158 of 2024 (Old No. C.S. 174 of 2019) praying for recording the death of plaintiff no.1 and to substitute the legal heirs of the plaintiff no.1 as plaintiff nos. 1A to 1F and for amendment in the written statement and counter claim.

(2.) During the pendency of the suit, the plaintiff no.1 died on 16/6/2023. The suit is filed by four plaintiffs but after the death of plaintiff no.1, none of the plaintiffs has taken any steps to record the death of the plaintiff no.1 and substitution of the legal heirs of the plaintiff no.1 and accordingly, the defendant no.1 has filed the present application.

(3.) On receipt of the notice of the present application, the legal heirs of the plaintiff no.1 entered appearance and have filed their affidavit-inopposition raising the issue that after the death of the plaintiff no.1, all the legal heirs have conveyed their unwillingness to be inducted into the partnership firm in place of the plaintiff no1. It is contended that in Clauses 11 to 13 of the partnership deed nowhere stated that the legal heirs of the deceased partner are mandatorily required to join the firm in place of the plaintiff no.1 who at the time of death was one of the partner of the firm. It is further contended that in Clause 13 of the partnership deed dtd. 18/7/2019, clearly states that in case the legal heirs of any deceased or retiring partner are not willing to join the firm in place of the said deceased or retired partner, the rest of the partners would have an option to purchase the share of the deceased or retired partner.