Counter claim in suit

The counter claim was filed long ago when the partner was alive hence there's no necessity to amend the claim at this stage 

Thank you Sir,

Ok. Now he is not required to amend the counter claim.

 But was it required to amend at the relevent point of time (i.e. in 2005 when one partner expired)?

Because after death of partner, that partnership converted in to Proprietory concern. formation of the Defendant was changed from partnership to proprietor. so was amendment necessary at that time in counter claim?

Has the legal representatives of the decease partner raised any concern?

Any further opinion will be based on perusal of relevant case papers lest it will be a misguidance, you will have an answer from your local advocate on all such further issues

The counter claimant / plaintiff was required to move application under Order XXII Rule 3 CPC with death certificate of the party and an amended memo of parties to the suit within 90 days of death, failing which the case against deceased shall abate.