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Judgment
6 paragraphs · 126 words
1.
There can be no doubt that a surviving partner can sue alone for the recovery of a partnership debt, and, in that case, no certificate will be
necessary. On this point we agree with the Bombay High Court in Motilal Bechardoss v. Ghellabhai Hariram ILR 17 Bom. 6
2.
We are also of opinion that the suit is maintainable if brought by the surviving partner conjointly with the heir of the deceased partner. In the
latter case a certificate of heirship will be necessary, unless it appears, on the face of the document sued on, that the debt is a coparcenary debt--
compare Venkataramanna v. Venkayya ILR 14 Mad. 377
3.
The above is, we think, a sufficient answer to the questions referred to us.