The Mahakande Housing Company Ltd. v. Duhilamomal and Others – sllr 1981 volume 2 page 232

The case between The Mahakande Housing Company Ltd. (Plaintiff) and Assudamal Duhilamomal, the surviving 2nd and 3rd partners (Defendants), addressed the issue of whether, upon the death of one partner, the cause of action against a partnership survives solely against the surviving partners under Section 393 of the Civil Procedure Code and the terms of the partnership deed. It was held that the action does survive against the surviving partners alone, permitting the suit to proceed exclusively against them. The legal principle reaffirmed is that, in the context of a continuing partnership and in accordance with statutory and contractual provisions, surviving partners may be independently liable for the obligations of the partnership upon a partner’s death. This decision relied on Section 3