AIR 1962 RAJASTHAN 144 ::1962 RajLW 35 ::ILR (1962) 12 Raj 93

Rajasthan High Court

Hon'ble Judge(s): D. M. Bhandari, B. P. Beri , JJ

Civil P.C. (5 of 1908) , O.30 R.1, O.30 R.2— Suit filed by one of partners in name of firm - Incomplete disclosure of names of other partners - Effect - Suit is on behalf of all and not liable to be dismissed on the ground of defect in disclosure of names. The latitude granted to the partners of the firm to sue in the name of the firm has the effect that all the partners of the firm are collectively taken to be the plaintiffs when the suit is filed in the name of the firm. The partner who is acting in the matter of signing, verifying tile plaint on behalf of the firm is doing so on behalf of all the partners of the firm and is filing the suit on behalf of all of them even though he may be ignorant of the names of all the partners or may be under a misconception that a particular person is a partner of the firm or not. If at the time of making disclosure in compliance with the demand made under sub-rule (1) of Rule 2, he has committed some error or omission or has even deliberately failed to mention the names of some of the partners it must be taken that he has failed to comply with the provisions of sub-rule (1) and the suit should not proceed further. The defendant may object to the further progress of the suit as and when he is informed that the disclosure made by the plaintiffs in compliance with sub-rule (1) is not true or is in some respects incomplete.....