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Suits by or Against Firms and Persons Carrying on Business in Names Other Than Their Own.

  • A suit may be instituted by or against any 2 or more persons claiming to be partners in a partnership firm in the name of the firm provided such persons, were partners in the firm on the date when the cause of action occurred.
  • Any party to such a suit may apply to the court for a statement of the names & addresses of all the partners of the firm as on the date of occurrence the cause of action. The court shall direct such a statement to be furnished and verified in a specific manner.
  • The proceedings in the suit shall then continue in the firm's name but the final decree shall contain the names of the partners and all consequences shall follow as if the suit has been against the partners individually.
  • Also the partners will appear individually in their own names in all court proceedings.
  • Similarly, a suit may also be instituted by or against any person or any Hindu, Undivided family, carrying on any business in a name other than his own name, in the same manner as against a partnership firm.
  • When two or more persons are surd in the name of the firm and any of them dies, during the pendency of the suit or before institution of the suit then it is not necessary to make his legal representative a party to the suit.

However, the legal representative can make an application, to be made a party and can also enforce any claim against the surviving partners.

  • A partner served summons can appear in the court under protest that he was not a partner of the firm when the cause of action accrued and he can apply to the court for determination of such a question any time before the date of hearing and final disposal of the suit.

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