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Criminal Procedure Code QUESTION #9483
Question 1
A partnership firm PQR, represented by partner P, filed a suit. After the plaint was admitted, P died. The remaining partners Q and R wish to continue the suit. B the defendant argues the suit must abate. What should the Court do?
  • Dismiss the suit on P's death since P signed the plaint
  • Abate only P's share in the suit
  • Allow Q and R to be substituted as legal representatives of the firm and continue the suit without abatement✔️
  • Direct Q and R to file a fresh suit
Correct Answer Explanation
Under Order XXII CPC, a suit by or against a firm is a suit by or against its partners collectively in their firm name. The death of one partner does not abate the suit; the continuing partners are substituted and proceedings continue. The firm's cause of action survives the death of one partner.