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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 2 CPC: Disclosure of partners’ names

Bare Act text

2. Disclosure of partners’ names.—(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is instituted.

(2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court may direct.

(3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the plaint:

[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.]

Amendment notes

  1. Subs. by Act 104 of 1976, s. 78, for the proviso (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

Where partners sue in their firm's name, the plaintiffs or their pleader must, on a defendant's written demand, forthwith declare in writing the names and residences of all the partners. If they fail, proceedings may be stayed on the Court's terms upon application. Once the names are declared, the suit proceeds as if the partners had been named as plaintiffs, but proceedings continue in the firm's name, and the disclosed partners' names are entered in the decree.

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
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