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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXX: Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own

Order XXX Rule 1 CPC: Suing of partners in name of firm

Bare Act text

1. Suing of partners in name of firm.—(1) Any two or more persons claiming or being liable as partners and carrying on business in, [India] may sue or be sued in the name of the firm (if any) of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the Court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the Court may direct.

(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the case of any pleading or other document required by or under this Code to be signed, verified or certified by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified by any one of such persons.

Amendment notes

  1. Subs. by Act 2 of 1951, s. 3, for “the States”.

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

Two or more persons claiming or being liable as partners and carrying on business in India may sue or be sued in the name of the firm of which they were partners when the cause of action accrued. Any party may apply to the Court for a statement of the partners' names and addresses, furnished and verified as the Court directs. Where partners sue or are sued in the firm's name, a pleading or document needing signature or verification is sufficient if signed or verified by any one of them.

Order XXX: Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own

  1. 1 Suing of partners in name of firm
  2. 2 Disclosure of partners’ names
  3. 3 Service
  4. 4 Rights of suit on death of partner
  5. 5 Notice in what capacity served
  6. 6 Appearance of partners
  7. 7 No appearance except by partners
  8. 8 Appearance under protest
  9. 9 Suits between co-partners
  10. 10 Suit against person carrying on business in name other than his own