9. Suits between co-partners.—This Order shall apply to suits between a firm and one or more of the partners therein and to suits between firms having one or more partners in common; but no execution shall be issued in such suits except by leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.
Order XXX Rule 9 CPC: Suits between co-partners
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Order XXX applies to suits between a firm and one or more of its partners, and to suits between firms having one or more partners in common. In such suits, no execution may be issued except by leave of the Court. On an application for leave, the Court may direct all such accounts and inquiries to be taken and made and give such directions as may be just.
Order XXX: Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
- 1 Suing of partners in name of firm
- 2 Disclosure of partners’ names
- 3 Service
- 4 Rights of suit on death of partner
- 5 Notice in what capacity served
- 6 Appearance of partners
- 7 No appearance except by partners
- 8 Appearance under protest
- 9 Suits between co-partners
- 10 Suit against person carrying on business in name other than his own