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

Order XXX Rule 2: Disclosure of partners’ names

The Code of Civil Procedure, 1908

(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is instituted.

(2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court may direct.

(3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the plaint:

¹[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977).

Questions on this rule

1 question in 5 of our papers cite Order XXX Rule 2. Try these from the free papers:

1. Consider the following statements under Order XXX CPC: 1. Where partners sue in the firm name and fail to disclose the names and residences of all the partners on a written demand by the defendant, the proceedings may be stayed. 2. In a suit between a firm and one of its partners, no execution shall issue except by leave of the Court. 3. A person served as having the control or management of the partnership business must appear, even if he is not a partner of the firm. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code