CPC | Proprietary Concerns Can File Suits Provided Complete Details Of Owner Are Disclosed In Plaint: J&K High Court
Case: Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam
Coram: Justice Javed Iqbal Wani
Case No.: CFA No. 73/2013
Court Observation: “..A suit by a proprietary concern of a sole proprietor or by the assumed business name or style of a person seems to be maintainable; only legal requirement being that when such a suit is filed, complete details of the owner of the proprietary concern or assumed business name should be disclosed in the plaint as required under Order 7 Rule 1 of theproprietary concern or the assumed business name”.
“..the Trial Court had framed an issue as to whether the Plaintiff firm is not a registered Unit under a self-employment Unit. The onus of proof was on the Defendants-Appellant herein, however, they failed to discharge the same. On the other hand, Plaintiff-respondent 1 herein deposed that same used to be on the record of the DIC, as such the issue was decided in favour of the Plaintiff-Respondent 1 herein”.
“Otherwise also, there is no express or implied bar imposed by any provision of the Code to filing of a suit by a proprietorship concern or by a person under assumed name of business”.
“That being the position would be not be illogical to say that a proprietary concern cannot file a suit as plaintiff. If an entity is treated as a legal person and a plaintiff for the purpose of cross suit then there is nothing to prevent such an entity to come as plaintiff in the first instance”
“Incorporation is not necessary for an entity to claim the status of a person.”
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CPC | Proprietary Concerns Can File Suits Provided Complete, Jammu, Kashmir & Ladakh High Court
