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1953 Supreme(All) 155

MALIK, V. BHARGAVA
Rampur Tannery and Mfg. Co. Ltd. – Appellant
Versus
Umar Uddin – Respondent


Advocates:
Bageshwari Sahai, for Applicant.

Judgement

MALIK, CJ :- This is a revision under Section 115, Civil P.C. The point raised by learned counsel is that there is no provision of law under which when a suit was filed on behalf of a partnership by a partner the other partners could apply that their names be also brought on the record and they might be allowed to continue the suit on behalf of the partnership. Learned counsel has relied on, the provisions of Order 30, Civil P.C. (Act 5 of 1908) and has urged that the order relates only to an application by a party to the suit applying for disclosure of names of partners of a firm, in the name of which or against which a suit has been filed, and the other partners, who were not parties to the suit, had no right to apply that their names be disclosed and they be allowed to continue the suit in the name of the partnership.

The provisions of Order 30, Civil P.C. are, however, enabling provisions and they enable any two or more persons to sue or be sued in the name of a firm. If the provision was not there it may make it necessary, where there is no agreement that one partner is entitled to represent the firm and to sue or be sued in the name of the firm, for all partners to jo













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