Civil Procedure and Practice Order 29, rules 1 and 9-Institution of suit by individual, in a name other than his own--Plaintiff suing in a business name.
Case summary
The suit was instituted in the name of “Bhasker and Company”. The Resident Magistrate ruled that Order 29, rules 1 and 9 appear to be the case of an individual suing in a business name. On appeal, this was submitted to be an error in law.
Held (31st July 1956):
It is not open to a single person carrying on business under some name other than his own to sue in the name under which he carries on business.
Appeal allowed.
Case cited: George & Co. v. Pritam’s Auto Service, Civil Suit No. 1804 of 1955.
Counsel:
F. R. de Souza for the appellant.
R. P. Patel for the respondent.
Editor’s Note:
In Velji Arjan Patel v. National Contractors (1954) 21 E.A.C.A. 39, the Court of Appeal for Eastern Africa held that an individual has no right to institute proceedings in his business name.
