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The Code of Civil Procedure, 1908: page 192

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 192, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     2. Service on corporation.—Subject to any statutory provision regulating service of process, where
the suit is against a corporation, the summons may be served—
          (a) on the secretary, or on any director, or other principal officer of the corporation, or
          (b) by leaving it or sending it by post addressed to the corporation at the registered office, or
     if there is no registered office then at the place where the corporation carries on business.
     3. Power to require personal attendance of officer of corporation.—The Court may, at any stage
of the suit, require the personal appearance of the secretary or of any director, or other principal officer of
the corporation who may be able to answer material questions relating to the suit.
                                          STATE AMENDMENT
Uttar Pradesh
Amendment of Order XXIX.— In the First Schedule, in Order XXIX, in rule 2, after clause (a), the following
clause shall be inserted, namely :—
          “(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has
     been appointed and the appointment has been notified to the District Judge under rule 10 of Order XXVII,
     or.”
[Vide Uttar Pradesh Act 57 of 1976, s. 12]
                                                  ORDER XXX
                       Suits by or against firms and persons carrying on business in
                                           names other than their own
     1. Suing of partners in name of firm.—(1) Any two or more persons claiming or being liable as
                                                                          e
partners and carrying on business in, 1[India] may sue or be sued in the name of the firm (if any) of which
                                                                         od
such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in
such case apply to the Court for a statement of the names and addresses of the persons who were, at the
                                                                    aC
time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such
manner as the Court may direct.
                                                               di
     (2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the
case of any pleading or other document required by or under this Code to be signed, verified or certified
                                                          In
by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified
by any one of such persons.
     2. Disclosure of partners’ names.—(1) Where a suit is instituted by partners in the name of their
firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant, forthwith
declare in writing the names and places of residence of all the persons constituting the firm on whose
behalf the suit is instituted.
     (2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all
proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court
may direct.
     (3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit
shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had
been named as plaintiffs in the plaint:
     2
       [Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of
the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.]
     3. Service.—Where persons are sued as partners in the name of their firm, the summons shall be
served either—
          (a) upon any one or more of the partners, or
          (b) at the principal place at which the partnership business is carried on within 1[India] upon any
     person having, at the time of service, the control or management of the partnership business, there,
as the Court may direct; and such service shall be deemed good service upon the firm so sued, whether all
or any of the partners are within or without 1[India]:
     Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff
before the institution of the suit, the summons shall be served upon every person within 1[India] whom it
is sought to make liable.


1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977).

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