THE FIRST SCHEDULE · ORDER XXX Suits by or against firms and persons carrying on business in names other than their own

Order XXX Rule 1: Suing of partners in name of firm

The Code of Civil Procedure, 1908

(1) Any two or more persons claiming or being liable as partners and carrying on business in, ¹[India] may sue or be sued in the name of the firm (if any) of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the Court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the Court may direct.

(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the case of any pleading or other document required by or under this Code to be signed, verified or certified by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified by any one of such persons.

Footnotes in the official text

1.Subs. by Act 2 of 1951, s. 3, for “the States”.

Questions on this rule

1 question in 5 of our papers cite Order XXX Rule 1. Try these from the free papers:

1. Consider the following statements regarding Order XXX of the CPC: 1. Two or more persons claiming or being liable as partners and carrying on business in India may sue or be sued in the name of the firm of which they were partners when the cause of action accrued. 2. Where partners are sued in the name of their firm, they may appear only in the firm's name and not in their own names. 3. Where the partnership was dissolved to the plaintiff's knowledge before the suit, the summons must be served on every person within India whom it is sought to make liable. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code