SUITS BY OR

AGAINST FIRMS
(ORDER 30)
KIRAN S SEKHAR
NEHRU ACADEMY OF LAW
★ 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 that such
persons, were partners in the firm on the date when the cause of action
occurred. (Rule 1)
★ 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. (Rule 2)
★ The summons are to be served upon any one or more of the partners or at
the principal place at which the firm’s business is carried on, upon any person
having the control or management of the business. (Rule 3)
★ When two or more persons are sued 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. (Rule 4)
★ A notice is to served along with summons to inform whether the summons is
served as partner or manager or in both capacities. In the absence of any
notice, the person served is to be deemed to be as a partner.( Rule 5)
★ A person having control or management of the firm’s business need not
appear in the court, unless he is a partner. (Rule 7)
★ Any person served with summons as a partner may enter an appearance
under protest, denying that he was a partner at any material time. If the court
holds that he was not a partner, the plaintiff can proceed with suit, but such a
person cannot be made liable as a partner. (Rule 8)
★ Suits between Co-partners
Order 30 also applies to suits between a firm & one or more of the partners and to
suits between firms having one or more partners in common. In such no execution
can be issued except with leave of the court. ( Rule 9)

★ Suits against person carrying on business in name other than his own
name

A person carrying on business in 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
all rules under this Order shall apply accordingly.