AIR 1999 SUPREME COURT 1484 ::1998 AIR SCW 4042 ::(1998) 2 LS 32 ::1998 BomRC 465 ::(1999) 1 CivLJ 253 ::1998 (5) SCC 567 ::1999 (1) RecCivR 197 ::(1998) 5 Scale 730 ::1998 (120) Pun LR 810 ::1998 (2) All CJ 1257 ::1998 (34) All LR 493 ::1998 HRR 461 ::1999 (1) RajLW 191 ::(1998) 3 Pun LR 810 ::1998 (2) RentLR 258 ::(1999) 1 LandLR 569 ::(1999) 2 CurLJ(CCR) 218 ::(1998) 7 JT 103 (SC)

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): S. C. Agrawal, S. Saghir Ahmad , JJ

Civil P.C. (5 of 1908) , O.30 R.10, O.30 R.4— Suit for eviction against proprietary concern and two other persons - Death of proprietor on date of institution of suit - Suit has to be treated as having been instituted against dead person - Decree passed in suit against dead proprietor is nullity and cannot be executed - Provisions of O. 30, R. 4 which makes suit filed without impleading LR's as maintainable, do not apply. Decision of Patna High Court, D/- 23-7-1996, Reversed. A partnership firm differs from a proprietary concern owned by an individual. A partnership is governed by the provisions of the Indian Partnership Act, 1932. Though a partnership is not a juristic person but Order 30, Rule 1, C.P.C. enables the partners of a partnership firm to sue or to be sued in the name of the firm. A proprietary concern is only the business name in which the proprietor of the business carries on the business. A suit by or against a proprietary concern is by or against the proprietor of the business. In the event of the death of the proprietor of a proprietary concern, it is the legal representatives of the proprietor who alone can sue or be sued in respect of the dealings of the proprietary business. The provisions of Rule 10 of Order 30 which make applicable the provisions of Order 30 to a proprietary concern, enable the proprietor of a proprietary....