.../appellant. However, the Court refused to grant relief against Issue No. 4 to the appellant relying upon Order 30, rule 10 CPC opining that the plaintiff was not entitled to....10. Relying the above provision of law, Mr. Choudhury has vehemently submitted that the procedural law, being hand-mads of justice. Order 30, rule 10 .... Sarita Borar in terms of Order 30, rule 10 CPC which specifically fetters filing of such suit when it is permitted that such Proprietorial firm may be sued. According to...

..., some of the documents filed by the appellant reflect that M/s. Tripty Drinks had admitted the plaintiff to be the proprietor of M/s. Babamani Agency. Order 30 Rule 10 CPC is...owners of M/s. Tripty Drinks. It is not shown that the said firm is a partnership firm. So, it appears, M/s. Tripty Drinks is also a proprietorship firm. As per provision of Order 30 Rule 10 ...provision of Order 30 Rule 10 CPC merely enables the proprietor of a proprietary business to be sued in the business name of the proprietary concern. But the real party who is be...

...is legally not correct and Order 30 Rule 10 CPC clearly mandates that a proprietary concern can also be sued. He would vehemently contend that proprietary concern cannot sue, but it can be sued, which...is clear from Order 30 Rule 10 CPC. 7 Therefore, when a proprietary concern can be sued, on account of the fact that..., though not a juristic person, can be sued, then it will have its adverse effect on the amendment of the plaint and the present Suit in its present form. Order 30 CPC deals with suits by or against firms and persons car...

...that Amar Engineering Works is a proprietorship firm and suit can be filed through its proprietor and not by Amar Engineering Works, as such Civil Suit under order 30 Rule 10 CPC...Order 7 Rule 11 of Code of Civil Procedure (for short 'CPC') stating inter alia that suit as claimed is not maintainable and liable to be dismissed. It was further pleaded...barred. It has also been pleaded that the suit has not been properly valued and therefore, it is liable to be rejected under Order 7 Rule 11(11) of CPC...

...of filing of the suit, the certificate of registration was obtained. Therefore, the suit ought to have been held to be maintainable. Mr. Basu has relied upon Order 30, Rule 10, CPC as...filed in respect of contract with a Firm which was not registered even by the time suit filed. Trial Court is justified in dismissing the suit as not maintainable.10. In result, there is...no merit in this appeal which is accordingly, dismissed. There shall be no order as to costs.11. Appeal dismissed....

...Order 30 Rule 10 of CPC, has submitted that the plaintiff, being the sole proprietor of M/s Manoj Enterprises, has rightly instituted the suit in his name and that the learned...this Court, referring to the provision of Order 30 Rule 10 of CPC, held that the sole proprietor of the said firm should have filed the suit in his capacity as the...Order 30 Rule 10 CPC, but he cannot sue in that name. Order 30 Rule 10, CPC reads as follows...

...which can be said to be covered under Order 30, Rule 10, CPC and there is no prayer for amendment to allow the sole proprietor Mr. Shyam Malik to sue in his own name. Secondly...Advertising, but he has not filed the suit in his own name, the plaintiff's concern is neither a partnership firm nor HUF concern which would be covered by Order 30, Rule 10, CPC...there is misdescription of plaintiff in the title of the suit, the plaint does not fulfil the requirement of Order 7, Rule 1 nor of Order 30, Rule 10. Secondly...

...that the present suit is misplaced and misconceived and not maintainable under Order 30 Rule 10 CPC. He relies upon the judgment of this Court in the case of...name, the plaintiff's concern is neither a partnership firm nor HUF concern which would be covered by Order 30, Rule 10, CPC. Since there is misdescription of plaintiff in the title of the suit, the...plaint does not fulfil the requirement of Order 7, Rule 1 nor of Order 30, Rule 10. …" 13. In a similar manner reference may be had to the judgment of the Divis...

...proposition that a suit by or against proprietary concern as well as by or against the proprietor is maintainable as per the provisions of Order 30 Rule 10 CPC.24. For the...receipt of the original documents, the agent of the defendant shall issue the delivery order. On receipt of the swift message from the Bank of America to HDFC Bank about the non-collection of the...sent second suit communication, dated 30.10.2008 from which the plaintiff understand that the defendant and his agent in USA in gross violation connived with the buyer and issued delivery order for...

...under the provision of Order 30 Rule 10 of the CPC. the suit cannot be filed by the concern, the concern may even being proprietorship concern because the same has to be filed...Order 30 Rule 10 CPC does not apply in the instant case because it relates to the firm and particularly to the persons who are to be sued and as far as the present case is concerned M/s Auto...matter for deciding the provisions under Order 30 Rule 10 though casually touched by the Division Bench. It is also submitted that the decision arrived at by the Division Bench under ...

...show that the materials placed under Ex.A1 were delivered to the appellant/defendant. It is also submitted that the very description of defendant is not in compliance with Order 30 Rule 10 CPC and... Prayer : Second Appeal filed under Section 100 CPC, 1908 against the judgment and decree dated 08.02.2019 made in A.S. No.14 of 2015 on the file of the learned Principal District...appellant's name has been misquoted as an authorised signatory in the purchase order marked as Ex.A1. He further submits that both the courts below miserably failed to Page 5...

...provisions of order 30, rules 1 and 10, CPC. Admittedly, the suits have been instituted in the name of the sole proprietorial firms represented by its proprietors...., CPC, provides that, any two or more persons carrying on business in India may sue or be sued in the name of their firms.Rule 10 of order 30, CPC, provides...that the suit filed in the name of the sole proprietorial firm is hit by order 30, rule 10, CPC. Their lordships, in the said case, observed that the proprietor of the firm...

...maintainable. Order 30 Rule 10 of CPC provides that any person 4/12 carrying on business in a name or style other than his ow...name may be sued in such name or style as if it were a firm name. In other words, a proprietary concern can be a defendant by itself. But Order 30 Rule 10 CPC does not enable a person carrying on...plaint as required under Order 7 Rule 1 of CPC to establish the identity of the owner of the proprietary concern or the assumed business name." In the aforesaid case also the...

.... Order 30 rule 10 CPC permits a plaintiff to sue a person carrying on business in the name and style other than his own name i.e under any assumed name. This rule, howe...the hundi, the Calcutta High Court held as follows:“Under Order 30, rule 1 CPC a suit can be filed against two or more persons carrying on business as...that a single person trading under a firm name cannot sue in that name. Under Order 31 rule 1 CPC it is a partnership which can sue or be sued in the name of the firm...

...Order 30 Rule 10 CPC have been totally misconstrued by the lower Appellate Court. In fact, the Courts below have lost sight of the fact that the proprietor firm is not a legal entity and the suit...filed could have been filed by the proprietor in his personal capacity. Even there is no compliance of provisions of Order 13 Rule 5 CPC. In support of his contentions, he...endorsed by the Courts below, the fact remains that it did not lie in the mouth of the defendant to raise such plea. As per amendment caused in the provisions of Order 13 Rule 4 CPC by this Court in 1974...

...provisions of Order 30 Rule 10 CPC. 24. For the aforementioned reasons, this appeal is liable to be dismissed. The learned trial Judge has rightly dismissed t...original documents, the agent of the defendant shall issue the delivery order. On receipt of the swift message from the Bank of America to HDFC Bank about the non-collection of the amount for the bills...communication, dated 30.10.2008 from which the plaintiff understand that the defendant and his agent in USA in gross violation connived with the buyer and issued delivery order for the goods, without...

...the Public Prosecutor. It has to peruse the record. In this respect, these provisions are different from the provisions of Rule 30 Order 41 CPC and the legislature specifically requires the perusal of the record by...decided on merits on the material before the court was not dependent on his addressing the court. Reliance is placed on the provisions of Order 41 Rules 30, 31 and 32 CPC. We do not agree with this...that the High Court had to decide the appeal after going through the record of the case and the judgment of the court below and must have complied with the provisions of Rule 31 of Order 41 CPC, when...

...Prasad”. We think that this argument is correct. For it is well settled in a series of authorities that in the case of a joint Hindu family trading firm the provisions of Order 30, Rule 10 of the ...the business under the provisions of Order 30, Rule 10 of the CPC, but such a Hindu joint family trading concern cannot sue as a plaintiff in the firm name under the...family business as such, still for the purpose of Order 30, Rule 10, the Hindu joint family business can be sued in its firm name under the provisions of...

...of the provisions contained in the Act. Since Order 1 Rule 10, CPC requires impleadment of all necessary and proper parties, the appellant being a necessary party to the proceedings, she is entitled to...with the procedure prescribed under Order 1 Rule 10, CPC. Order 1 Rule 10, CPC would apply to implead a necessary or proper party to effectuate complete adjudication of all the d...Order1. This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court made in appeal from Original Decrees Nos...