DAS GUPTA, C.J. :- This appeal raises the question whether when a suit has been instituted in the name of a partnership firm carrying on business outside India as plaintiff, a procedure which is not permitted by Order XXX, Rule 1 of the C. P. C. under which only partnership firms carrying on business within India may institute suits in the firm name, the defect can be cured later on by substituting in place of the firm name, the name of the individuals, who are the partners of the firm, by way of amendment. The plaintiffs name as mentioned in the plaint in the present suit is : "Manilal and Sons, a firm carrying on business at No. 11A Malacca Street, Singapore". It was subscribed in these words :

"Manilal and Sons by their constituted attorney D.P. Dunderdale".

The verification was also by the same gentlemen, D.P. Dunderdale, describing himself as constituted attorney of Manilal and Sons. This suit was instituted on 31-3-1951. Written statement was filed by the defendants, but no objection was taken therein to the defect indicated above namely, that though not permitted by the Code of Civil Procedure or any rules of the Original Side of this Court, the suit had been brought