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.