(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.
(2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of the deceased may have-
(a) to apply to be made a party to the suit, or
(b) to enforce any claim against the survivor or survivors.
Order XXX Rule 1 CPC Suing of partners in name of firm
Order XXX Rule 2 CPC Disclosure of partners names
Order XXX Rule 4 CPC Rights of suit on death of partner
Order XXX Rule 5 CPC Notice in what capacity served
Order XXX Rule 6 CPC Appearance of partners
Order XXX Rule 7 CPC No appearance except by partners
Order XXX Rule 8 CPC Appearance under protest
Order XXX Rule 9 CPC Suits between co-partners
Order XXX Rule 10 CPC Suit against person carrying on business in name other than his own