5. Notice in what capacity served.—Where a summons is issued to a firm and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner.
Order XXX Rule 5 CPC: Notice in what capacity served
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
Where a summons issued to a firm is served under rule 3, the person served must be told by written notice, given at the time of service, whether he is served as a partner, as a person having control or management of the partnership business, or in both capacities. If no such notice is given, the person served is deemed to have been served as a partner.
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