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Two partners are sued in the name of their firm under Order XXX of the Code of Civil Procedure, 1908.…

Under Order XXX rule 4(1), the suit in the firm's name can proceed without joining the deceased partner's legal representative. Rule 4(2)(a) preserves the representative's…

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Two partners are sued in the name of their firm under Order XXX of the Code of Civil Procedure, 1908. One dies while the suit is pending. Which statement describes the legal representative's position?

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Answer and explanation

Correct answer B

Under Order XXX rule 4(1), the suit in the firm's name can proceed without joining the deceased partner's legal representative. Rule 4(2)(a) preserves the representative's right to apply to be made a party.

Option feedback

Option A

Rule 4(1) dispenses with compulsory joinder. Rule 4(2) preserves the right to apply.

Option B

Rule 4(1) dispenses with compulsory joinder, and rule 4(2)(a) preserves the representative's right to apply.

Option C

Rule 4(2)(a) expressly preserves the right to apply.

Option D

The right to apply survives, but rule 4(1) makes joinder unnecessary.

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