there is a property of partnership firm which has not dissolved inspite 5 partners have died out of 7. one partner has sued six for 2 suits one for demark 1/7 share in property and secondly for partition. now all 5 along with plaintiff sold undivided share 2 builder and now builder want 2 become the party in both the suits by filing application under order 1 rule 10 cpc . can section 52 of transfer of property act stop him from becoming the party
1 Answer from Attorneys
Dear Sir / Madam,
There is no question of the builder becoming a party unless and until the partnership firm is first dissolved and the 1/7th share partner first being settled of his rightful share in the property of the firm.