Report No. 27
Order XXX, rule 8
For rule 8 of Order XXX of the First Schedule to the principal Act, the following rule shall be substituted, namely:-
"8. Appearance under protest.-(1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that he was a partner at any material time.
(2) On such appearance being filed, either the plaintiff or the person entering the appearance may, at any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining the question whether the person so served was a partner of the firm and liable as such.
(3) If on such application the Court holds that he was a partner at the material time, that shall not preclude that person from filing a defence denying the liability of the firm in respect of the claim of the defendant.
(4) If, however, the Court holds that such person was not a partner of the firm and was not liable as such, that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding with the suit; but in that event the plaintiff shall be precluded from alleging the liability of that person as a partner of the firm in execution of any decree that may be passed against the firm."
Order XXX, rule 10
For rule 10 of Order XXX of the First Schedule to the principal Act, the following rule shall be substituted, namely:-
"10. Suit against Hindu undivided family or person carrying on business in name other than his own.-Any person carrying on business in a name or style other than his own name or a Hindu undivided family carrying on business under any name, may be sued in such name or style as if it were a firm name, and, in so far as such nature of the case will permit, all rules under this Order shall apply.".
Order XXXII, rule 1
To rule 1 of Order XXXII of the First Schedule to the principal Act, the following Explanation shall be added, namely:
'Explanation.-In this Order, the expression "minor' means a person who has not attained his majority within the meaning of sections 3 and 4 of the Indian 'Majority Act, 1875 (9 of 1875), whether the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.'
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