Duhilanomal and Others v. Mahakanda Housing Co. Ltd. – sllr 1982 volume 2 page 504

The case between Duhilanomal and Others (including the Plaintiff, Duhilanomal, et al.) and Mahakanda Housing Co. Ltd. addressed whether, under a tenancy agreement forming a partnership asset, the right to sue under the contract survives against the remaining defendants after one partner’s death, and if substitution of the deceased partner’s legal representative is required. The court held that the cause of action survives solely against the surviving defendants, and the legal representative of the deceased need not be substituted, reaffirming that in circumstances where the partnership agreement specifies continuity, the statutory framework—specifically Section 393 of the Civil Procedure Code—operates to permit proceedings against the remaining partners alone. The decision rested upon prin