Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

    Vaidyanatha Ayyar And Ors. v. Chinnasami Naik

    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.

    Use AI to get other relevant cases.

    Comments

    Vaidyanatha Ayyar And Ors. v. Chinnasami Naik
    (Sep 4, 1893)