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

Order XXX Rule 4: Rights of suit on death of partner

The Code of Civil Procedure, 1908

(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.

(2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of the deceased may have—

(a) to apply to be made a party to the suit, or

(b) to enforce any claim against the survivor or survivors.

Questions on this rule

1 question in 11 of our papers cite Order XXX Rule 4. Try these from the free papers:

1. Where persons sue or are sued in the name of their firm under Order XXX of the CPC and one of them dies during the pendency of the suit, Rule 4 of that Order provides that:

Practise questions on Civil Procedure Code