MUNICIPAL COUNCIL TIRODA Vs. K RAVINDRA AND COMPANY

JUDGEMENT

(1.) BY consent recorded on 15. 1. 2003 this revision is being disposed of finally at the stage of admission itself.

(2.) THE question involved in this revision is whether the sole proprietor of a firm can sue in the name of firm?

(3.) RESPONDENT No. 1 herein, which is a proprietory, concern, filed special Civil Suit No. 33 of 1995 in the Court of Civil Judge, Senior Division, bhandara, for the recovery of the amount, against the State of Maharashtra and other defendants, one out of whom is Municipal Council, Tirora, which is the revision-petitioner in this revision. The suit was instituted by respondent No. 1 in the name "k. Ravindra and Company, through its proprietor Shrt Narayan Sakhram Kantode, aged about 60 years, resident of A/2/2 N. S. K. Society, Civil Lines, Nagpur". The case was once closed for judgment. Then after the Presiding Officer of the Court was transferred, the case came up before another Judge, who posted it for arguments. At that stage, the present revision-petitioner (Municipal Council, Tirora), which is defendant No. 3 in the aforesaid suit, filed an application for the dismissal of suit, raising an objection that the suit is filed by "k. Ravindra and company", which is neither a partnership firm nor a limited company and its proprietor cannot file a suit in the trade name of the proprietory firm. By the order dated 21. 10. 2002, the learned Joint Civil Judge, Senior division, Bhandara, rejected the above application filed by the present revision-petitioner, which order of rejection is under challenge in this revision.