Actions by and against firms and persons carrying on business in names other than their own
ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
1. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action and in the names of such persons; and any party to an action may in such cases apply by notice of motion to the Court for a statement of the names, descriptions and places of residence of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.
2. When a Civil Bill is issued by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Judge may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the Civil Bill, but all proceedings shall, nevertheless, continue in the name of the firm.
3. Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the Civil Bill shall be served either upon any one or more of the partners personally or at the principal place, within the jurisdiction, of the business of the partnership, upon any person having at the time of service the control or management of the partnership business there; and, subject to these rules, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a Civil Bill against them shall be necessary; provided that in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the Civil Bill shall be served on every person within the jurisdiction sought to be made liable.
4. 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.
5. Debts owing by a firm carrying on business within the jurisdiction may be attached under Order 38, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business, or any member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.
6. The above Rules shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in such actions without leave of the Judge after motion on notice to the party so to be affected, and on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.
7. Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the Registration of Business Names Act, 1963, may be sued in such name or style; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.
8. In all cases to which Rule 7 of this Order applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.
9. In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 of this Order applies.