Suit instituted by one Partner - Death of Partner - Maintainability of Suit - Plaint in Suit by Partnership Firm can be signed by any one of Partners - Suit already instituted by one Partner can be continued even after death of Partner - Suit instituted by one Partner very well maintainable and does not suffer from any defect.

Madras High Court 

T. Mathivanan, J. in 

Mayil Traders, Registered Firm v. Thiyagarajan, 

2011 (6) СТС 747 : 2011 (3) MWN (Civil) 23.

Section 42-Code of Civil Procedure, 1908 (5 of 1908), Order 30, Rules 1(1) & 2 - Suit by Partnership Firm - Suit instituted by one Partner Death of Partner Maintainability of Suit Plaint in Suit by Partnership Firm can be signed by any one of Partners and it need not disclose names of all Partners - Thus, Suit instituted by one of Partners is maintainable No necessity to produce Partnership Deed in Suit already instituted - Moreover, Suit already instituted by one Partner can be continued even after death of Partner Thus, when minor sons of Partner join Partnership Firm, Suit already instituted continues even after death of one of Partners Held, it is open for Defendant to call for names of all persons, who constituted partnership and hence, Suit instituted by one Partner very well maintainable and does not suffer from any defect.