6. Appearance of partners.—Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
Order XXX Rule 6 CPC: Appearance of 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
Where persons are sued as partners in the name of their firm, they must appear individually in their own names. All subsequent proceedings, however, continue in the name of the firm. The rule distinguishes the partners' individual appearance from the firm-name proceedings that follow, so each partner enters appearance personally, but the suit goes on against the firm.
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