Can proprietorship file lawsuit against a company
Can a proprietorship firm file a money suit against a company ?
Asked 1 year ago in Civil Law from Bhopal, Madhya Pradesh
Yes, a proprietorship firm can file a money suit against a company. The proprietor of the firm can duly file the money suit which is civil in nature
Advocate, New Delhi
yes proprietorship firm can file money suit against company under order XXXVII of CPC .
Yes why not? A proprietorship firm incurs no disqualification from availing it's civil remedies.
Hi, yes proprietorship firm can file a money suit against company but limitation for filing suit is 3 years form the date of due.
1. Yes, a proprietorship firm can very well file a money suit against a Company claiming dues,
2. The said suit shgall have to be filed as per the act and with in the limitation period of 3 years.
Thank you, your attention is invited towards CPC Order 30 Rule (1) and Rule (10) in the light of the Ho'nable Guhati High Court RFA No.07 of 2009, Commissioner Cum Secretary Department of Power Vs M/s T.C. Syndicate. Point 39, 40 and 41, of the Judgement. Also the Ho'nable Bombay High Court "Bhagvan Manji Marwari & Ors. Vs Hirahi Premji Marwadi , wherein the Hónable Court observed "A person trading himself or as a firm or in an assumed or trading name can be sued in his trading name under Order 30 Rule 10 CPC BUT HE CAN NOT SUE IN THAT NAME.. Please examine Point 41 of the Guahiti High Court Case referred to as above . Your valuable opinion in the matter will be highly appreciated.
Asked 1 year ago
PS : Most humbly it is further submiterd that the similar observation was recorded by the Hónable Delhi High Court in R.F.A. No. 349 of 2003 decided on 23rd Nov. 2004 in M/s Miraj Marketing Corp. Vs Vishaka Engineering and other. In the concluding Para (11) , their Lordships have observed that "A proproetorship firm has no legal entity like a registered firm. A suit can not be instituted in the name of an unregistered proprietorship firm and the said suit is to be instituted in the name of the proprietor." further, in the last lines of the same Para (11) the Hónable Court observes " A sole proprietorship firm is not a legal enttity which can sue or be sued in its own name. Such suit relating to or against the affairs or claims of a proprietor concern has to be brought or made against the person who is the sole proprietor of the firm.
Asked 1 year ago
1) the cause title of suit has to be as under Mr X sole proprietor Y firm .
2) in the body of the plaint it has to be mentioned who is the proprietor of sole proprietorship and who has signed the plaint on behalf of sole proprietorship firm
3) A sole proprietorship firm is not a legal entity which can sue or be sued in its own name. Such suit relating to or against the affairs or claims of a proprietorship concern has to be brought or made against the person who is the sole proprietor of the firm.
the civil suit can be filed by the name of the Sole proprietor and not by the firm.
both the above mentioned judgments clearly held.
being the owner of the firm/proprietor firm the proprietor have all right to fight the cases but he should be a party of the case and not the firm.
Advocate, New Delhi
1. The applicant's name should be written first after which it is to be written "Pro...........", in the cause title,
2. In this case the parson being the proprietor of his proprietory firm is the suitor, as the proprietory firm, not being a Company does not have a seperate legal identity separating it from its proprietor.