Partnership at will - One of Partners died - Suit filed by said Partner dismissed for non-prosecution after Defendants/other Partners were set ex-parte - It would not amount to dissolving Firm - Firm is dissolved only by death of Partner and rights of deceased Partner do not get extinguished and his share induding goodwill devolve upon his legal heirs in absence of a contract to contrary.

Citation 

2011 (4) CTC 297 (Mad)

IN THE HIGH COURT OF MADRAS

V. Ramasubramanian, J.

O.A. Nos.255 & 256 of 2011 and C.S. No.186 of 2011.

April 06, 2011

Elezabeth Philip, W/o. M.N Philip.; Mohan Ninan Philip, S/o. M.N. Philip,; Babu Philip, S/o. M.N. Philip.; Mary Zachariah, D/o. M.N. Philip and W/o. K. Zachariah (1 to 4 Are Residing At No.432, Kapaleeswarar Nagar Neelangarai, Chennai-41) [1 to 3 Rep. by Their General Power of Attorney-4th Plaintiff by Registered General Power of Attorney Dated 14.6.2002 and Registered as Document No. 196 of 2002 in the Office of the Sub-registrar, Thiruvalla

Vs.

Stephen John,s/o Prof.P.E. John, xi/724,pipe Line Road, cochin-682 022                         ... Respondent 

Indian Partnership Act, 1932 (9 of 1932), Sections 7 & 42(c) - A Partnership at will is a partnership where parties make no provision in contract for duration or determination of partnership Partnership deed providing for determination by mutual consent One of Partners died Suit filed by said Partner dismissed for non-prosecution after Defendants/other Partners were set ex-parte - It would not amount to dissolving Firm Firm is dissolved only by death of Partner and rights of deceased Partner do not get extinguished and his share induding goodwill devolve upon his legal heirs in absence of a contract to contrary.