AJITSING MANIBHAI Vs. GRUNNING AND CO

JUDGEMENT

(1.) The plaintiffs are a firm carrying on business in cotton in Liverpool.

(2.) They have tiled this suit through their constituted attorney in the Court of the First Class Subordinate Judge at Ahmedabad against the firm of Chandrasing M. Jeaingbhai by its partners and managers (1) Ajitsing Manibhai, (2) Chandrasing Manibhai, a minor by his next friend, to recover damages amounting to Rs. 13,870-4-0 and interest and the costs of a solicitor's bill. In the first place it must be noted that the title of the plaint is not correct. Under Order XXX, Rule 1, any two or more persons being liable as partners and carrying on business in British India may be sued in the name of the firm. In such a case the proper title of the defendant is : "A B a firm carrying on business in partnership at," See Appendix A to the Civil Procedure Code, (2) "Description of parties in particular cases." Rule 3 provides for the manner of service of the summons where persons are sued as partners in the name of their firm and Rule 6 provides for the manner of appearance of such persons. An individual partner may be sued personally along with the firm : Taylor V/s. Collier & Co. (1882) 30 W.R. (Eng.) 701 It is not therefore correct to sue persons as partners in the name of the firm by a partner or manager, and the proper title of the defendants in the suit should have been:- Defendant 1 Chandrasing M. Jeisingbhai a firm, Defendant 2 Ajitsing Manibhai a partner in the firm, Defendant 3 Chandrasing Manibhai a partner in the firm.

(3.) It does not appear from the way in which the plaint is drafted whether there are three defendants or only one, the firm of Chandrasing M. Jesingbhai.