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Friday, 13 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 10 CPC: Suit against person carrying on business in name other than his own

Bare Act text

[10. Suit against person carrying on business in name other than his own.—Any person carrying on business in a name or style other than his own name, or a 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, in so far as the nature of such case permits, all rules under this Order shall apply accordingly.]

Amendment notes

  1. Subs. by s. 78, ibid., for rule 10 (w.e.f. 1-2-1977).

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

A person carrying on business in a name or style other than his own, or a Hindu undivided family carrying on business under any name, may be sued in that name or style as if it were a firm name. So far as the nature of the case permits, all the rules in Order XXX apply accordingly. This rule was substituted by the 1976 amendment.

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