Showing : 1-10 of 36 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 30, Rule 4-- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 30, Rule 4(1)-- Eviction petition - Tenant a partnership firm - Eviction petition against partnership firm and partners - Death of one of the partners - Since firm is a tenant and merely because one of the partners died, suit would not abate as decree is to be passed against firm, which is a tenant - Application..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 30, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17-- Suit by partnership firm consisting of two partners, father and son - Death of father - Out of the two surviving heirs, sister not interested in prosecuting suit - Held, surviving partner is entitled to continue the suit and amendment of plaint can be allowed...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 30, Partnership Act, 1932, Section 4-- Partnership firm - Suit in the name of partnership firm - Partners of firm not joined as plaintiffs - Suit is nonetheless by all the partners of the firm - Held, suit is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 30, Partnership Act, 1932, Section 4-- Suit by partnership firm - Plaintiff placed reliance upon Authority Letter signed by all the partners of the firm - Said authority verified in original by Notary Public - Plea that plaint has not been filed by the authorised person - Held, no substance in the plea...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 30, Rule 1, Contract Act, 1872, Section 54, Partnership Act, 1932, Section 69(2)-- Partnership firm - Suit filed by partner of the firm - In paragraph 1 of the plaint it was averred that plaintiff firm is partnership concern and same is registered with Registrar of Firms and Societies' - Held, averment in plaint reveals that suit has in fact been filed by and on behalf of the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50-- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly being partner of the firm - Ex parte decree set aside against..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 30, Rule 10-- Proprietorship firm - Suit filed in the name of the firm through proprietor - Suit at best can be said not in proper order as name of proprietor must precede the business name - However, this is not an illegality which goes to the root of the matter...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 30, Rule 4(2)-- Partnership firm - Death of partner - Right of a legal representative of a deceased partner of the firm to seek impleadment/substitution is recognized...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 30, Rule 1, 2-- Partnership firm - Suit may be filed only in the name of firm or against firm and in such contingency it is not at all necessary to state in the title of the plaint that the firm/partnership is suing or being sued through a partner...........

Showing : 1-10 of 36 Results