Report No. 26
108. Proceedings in partnership name or assumed name.-(1) Any two or more persons, being partners, may take proceedings or be proceeded against under this Act in the name of the firm:
Provided that in that case the court may, on application by any person interested, order the names of the persons who are partners in the firm, to be disclosed in such manner and verified on oath or otherwise as the court may direct.
(2) Where a minor has been admitted to the benefits of partnership in a firm, an order of adjudication made against the firm shall bind his share but shall not affect any other property of the minor, nor shall the minor be deemed to have been adjudged insolvent.
[New] [Cf. section 99, P.T.A.]
(3) An order of adjudication made against a firm shall operate as if it were an order of adjudication made against each of the persons who, at the date of the order, is a partner in that firm.
(4) Any person carrying on business in a name or style other than his own may be proceeded against under this Act in such name or style:
Provided that in that case the court may, on application by any person interested, order the real name of such person to be disclosed in such manner and verified on oath or otherwise as the court may direct.
[Cf. Calcutta rule 151 under the Presidency Act. English rule 285; Madras rules under the Presidency Act, Order V, rule 5, and Bombay rule 154(1), under the Presidency Act.]
109. Power to stay proceedings.-The court may, at any time, for sufficient reason, make an order staying the proceedings under an insolvency petition, either altogether or for a limited time, on such terms and subject to such conditions as the court thinks just.
[New] [Cf. section 94, P.T.A.]
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