...by an individual for carrying on his business. A proprietorship concern is not a juristic person. It cannot sue, however, in view of Order XXX Rule 10 CPC, it can be sued. In order to analyse the...with a company or with a partnership firm. Order XXX deals with partnership basically, however, Rule 10 thereof refers to proprietorship. It makes very clear that proprietorship concern cannot sue but... manner debar a suit being filed against the proprietor. 4.3. It is well settled by series of judgments that proprietorship concern ...

... 5 Marwadi12, it was urged that a proprietorship firm cannot sue in its name. 60. Rule 1...cause title. This is not an illegality which goes to the root of the matter……….." The proprietorship firm is not a separate legal entity, and therefore, cannot sue or be sued on its own name. There is no distin... submitted that the suit was not maintainableunder Order XXX Rule 10 of the Code having been filed in the name of the proprietorship firm--M/s. M.S.S. Food Products. Relying upon a...

...basically, however, Rule 10 thereof refers to proprietorship. It makes very clear that proprietorship concern cannot sue but it can be sued. Whether proprietorship concer...: 4.1 A proprietorship concern is nothing, but a trade name given by an individual for carrying on his business. A proprietorship concern is not a juristic person. It cannot.... 4.3 It is well settled by series of judgments that proprietorship concern cannot be equated either with a company or with a partnership firm. Order XXX deals with partnership...

...who is the proprietor of the firm. Proprietorship firm is not a legal entity and therefore, cannot sue in its own name; whereas in the instant case, the memo of parties does not find mention of either the proprietor's name ...behalf of M/s. Arora Enterprises. Even otherwise, as already observed above, M/s. Arora Enterprises being a sole proprietorship firm cannot sue in its own name. Reliance is placed on the decisions of..., it cannot sue in its own name. Furthermore, Mr. Rohit Arora, who has signed and verified the plaint is neither the proprietor nor he is even the authorized representative of the sole proprietor...

..., it was urged that a proprietorship firm cannot sue in its name.81. Order 30 Rule 10 of the Code reads as follows:“10. Suit against person carrying on business in...proprietorship firm. On 6-12-2004, the defendants moved an application (IA No. 14) for discovery and production of documents under Order 11 Rules 12 and 14 of the Code. On 5-1-2005, the defendants made...their privilege of cross-examining the plaintiff's witnesses and of advancing oral arguments, now cannot be permitted to raise any grievance that the successor Judge who delivered the judgment has not...

...Marketing Corporation (supra) relied on by the respondent, it was held that a sole proprietorship firm which is not a legal entity cannot sue in its own name. In that case, plaintiff was described to be a ...respondent No. 1 contended that petitioner is a proprietorship concern and consequently the petition in the name of a proprietorship firm cannot be filed and is not maintainable. The respondents...in the name of sole proprietorship firm which is not a legal entity through its sole proprietor. A sole proprietorship firm is not a legal entity which can sue in its own name though any two persons...

...entity and therefore the proprietorship firm cannot sue or file a complaint or a suit in the court of law in its name. The complainant has filed this complaint on the basis of false, frivolous and...cannot be adjudicated in the summary proceedings before the Commission. It is submitted that a proprietorship -5- firm is not a legal...'). 2. Brief facts of the case as stated by the complainant are that the complainant is a proprietorship concern. The complainant is the dealer of Maruti Suzuki. The complainant was...

...Marketing Corporation (supra) relied on by the respondent, it was held that a sole proprietorship firm which is not a legal entity cannot sue in its own name. In that case, plaintiff was described to be a ...in the name of sole proprietorship firm which is not a legal entity through its sole proprietor. A sole proprietorship firm is not a legal entity which can sue in its own name though any two persons...permission has been sought to sue in the name of the sole proprietorship firm. If the sole proprietorship firm is not a legal entity, the petition should have been filed by the sole proprietor in his name...

...is also contended that he was the Manager of the proprietorship business and, therefore, rightly to be considered the successor of the business. A proprietorship is not a firm and cannot sue or be sued in the name ...for amendment realising that the name of the proprietorship cannot be done away with the suit in view of the fact the Hundies are all in the name of M/s. Naraynadas Visandaram and, therefore, the..., discounted 50 Bills of Exchange (Hundies) for having supplied cloth to a cloth merchant named Visandaram Narayandas (the Appellant's late father), who was conducting a proprietorship business under the name...

... Page 4 of 5 name of the sole proprietorship, and that not being a legal entity cannot sue or be sued and cannot be considered as the.... 5.2 In case the Inter Corporate Deposit is also made out by the petitioner, the purported transaction was between the petitioner and Bulbulitala Cold Storage which is a sole proprietorship...." 8. In light of the above, the question that needs to be replied is whether the insolvency proceedings under the code can be initiated against the sole proprietorship firm. Now, the...

...to demand is an arguable question which will have to be decided by the D.R.T in the S.A. Since the notice is drawn only in the name of the proprietorship which is not a legal entity and cannot sue or.... 3. The 1stappellant is a proprietorship of which the 2ndappellant is the sole proprietor. Appellants 3 and 4 are the guarantors. The appellants...appellants. 5. It is also submitted that the demand notice is issued only in the name of the 1stappellant proprietorship and copies are marked to the rest of the...

...offender. Whereas Proprietorship concern is not a juristic body. It cannot sue or be sued. It is the individual who runs the concern in some name. Though he issues cheque as proprietor of the concern, it is he and he alone ...exception. Company is a legal entity by itself. Being a juristic body it can sue or be sued. Though company being a juristic body and can sue and be sued, it cannot operate itself. Some human agency...case of offence committed by company. Proprietor concern cannot be equated to a company. The concept of vicarious liability is alien to criminal jurisprudence with few exceptions. N.I. Act is one such...

.... The plea on behalf of the legal heir of defendant No. 2/J.P. Gupta that he cannot be impleaded as there is no right to sue against him, is absolutely fallacious. A proprietorship is only a business...pertinent to observe that the procedural laws cannot be applied against the litigant to deny him the substantive rights. In the interest of justice and for the reasons stated above, the application is...defendant No. 2 has opposed the Application No. I.A. 10423/2023 under Order XXII Rule 9(2) of CPC, 1908 on the ground that no right to sue survives in favour of the plaintiff...

.... In this regard, it has been submitted that sole proprietorship firm shall have no independent identity and cannot sue or be sued excepting in the name of the sole proprietor thereof. It is submitted further that i...a sole proprietorship firm without the sole proprietor thereof would not be a juridical entity which may sue or be sued in its in name. Hence, it is imperative that the sole proprietor be made a...Disputes Act, 1947. The appellant/writ petitioner/proprietorship firm is aggrieved and dissatisfied with the said order. Hence, this appeal. 2. Let the facts...

.... The plea on behalf of the legal heir of defendant No. 2/J.P. Gupta that he cannot be impleaded as there is no right to sue against him, is absolutely fallacious. A proprietorship...after the abatement is set aside. 14. It is also pertinent to observe that the procedural laws cannot be applied against the... proprietor, the right to sue continues against the legal representatives of the proprietor as the real party that is being sued, is the proprietor and not the business as held by...

....”The sole proprietorship concern M/s. East India Transport Agency (EITA) was the payee, therefore, under section 142 of ni act could validly institute the complaint, but it cannot act...was alleged that the accused persons booked consignment through its sole proprietorship concern EITA and paid Rs. 14,000/-, leaving a balance of Rs. 5,93,860/-. The accused persons acknowledged and...confirmed their liability and issued two cheques of Rs. 25,000/- each in favour of the sole proprietorship concern EITA. On presentation the said cheques were received back dishonoured with the remark...

...tenants holding under him are not affected by the change of proprietorship. There is no privity of contract between them and the purchaser, and the latter cannot either claim rent from them or eject...them so long as he allows the taluk to continue. The purchaser could, no doubt, sue for possession of the holdings joining both the talukdar and the talukdar's tenants. The institution of such a suit...

...been filed by manager of proprietorship firm is not maintainable in view of the provisions envisaged under section 142 of the Act as the manager of a proprietorship concern cannot be regarded as the...Act and has submitted that the power of a power of attorney holder of a proprietorship concerned cannot be construed as a payee and, therefore, the complaint case at his instance is not tenable...contentions, this Court held that the burden has not been discharged. There is nothing in this decision that the power of attorney holder or an agent or manager of a proprietorship concern cannot...

...score also. Therefore, the aforesaid plea is very relevant and calls for in depth consideration by us. A proprietorship firm has no legal entity like a registered firm. A suit cannot be instituted in.... A sole proprietorship firm is not a legal entity which can sue or be sued in its own name. Such suit relating to or against the affairs or claims of a proprietorship concern has to be brought or made.... In paragraph 1 of the plaint the plaintiff stated that the plaintiff is a proprietorship firm having its office at the aforementioned address. The said suit was instituted by the appellant -plaintiff...

...proprietor of the firm has already died and Mr. Rajesh Vyas is his son. The Gas dealership is not a juristic or legal person and cannot sue or be sued in a Court of law or in an arbitral tribunal and only on...cylinders of respondent-company Hindustan Petroleum Corporation Ltd. (HPCL). The applicant is a proprietorship concern originally the proprietor of the applicant concern was Shri B.P.Vyas. After his death...petitioner, or as to whether it is a sole proprietorship or registered or unregistered partnership and other details. It has been contended that omission appears to be deliberate as the original...