• 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
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
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yes proprietorship firm can file money suit against company under order XXXVII of CPC .
Ajay Sethi
Advocate, Mumbai
23142 Answers
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Yes why not? A proprietorship firm incurs no disqualification from availing it's civil remedies.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Hi, yes proprietorship firm can file a money suit against company but limitation for filing suit is 3 years form the date of due.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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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.
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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Dear Querist
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.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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