Law: Civil Procedure Code (V of 1908)

Section: 0XXX,R.10

Law: Civil Procedure Code (V of 1908)

Section: 0XXX,R.10

Civil Procedure Code (V of 1908)--- ----0 XXX, R. 10---Proprietary firm/concern---Legal character/status--­Scope---May sue in its name but cannot bring legal action in its name---"Proprietor" and "proprietary firm" one and the same person---Under provisions of 0.XXX, R.10, C.P.C. a person carrying on business in a name and style other than his own may be sued in such manner or style as if it were a firm nzme, however, the person could not sue in such name because a proprietary firm/concern did not have any legal status separate and distinct from its proprietor---For all intents and purposes it is the proprietor who is the legal person entitled to all the benefits and liable to answer for all liabilities that accrued in respect of the proprietary concern---Proprietor and proprietary firm/concern were one and the same person---Proprietary concern may be sued in its name but the proprietary concern could not bring a legal action as it did not have any legal character/status separate and distinct from its proprietor--- Where a person mistakenly sued in his trade name, then exceptionally necessary corrections/amendments were allowed subject to the law of limitation. Girdhari Lal v. Kangra Motor Agency and others AIR 1934 Lah. 147; Ismail Haji Sulaiman v. Messrs Hansa Line and another PLD 1961 Dacca 693; Habib Bank Ltd. v. Iqbal I. Chundigar and another 1983 CLO 1464; Messrs Ahan Saz Contractors v. Pak Chromical Limited, 1999 MLD 1781; The Collector of Customs (Appraisement) Collectorate of Customs, Government of Pakistan, Customs House, Karachi and others v. Messrs Imran Enterprises through Proprietor and others 2001 CLC 419 and Messrs M.A. Majeed Khan v. Karachi Water and Sewerage Board and others (PLD 2002 Kar. 315 rel. JUDGMENT MAMOON RASHID SHEIKH, J.---This single judgment shall decide Review Application No.02-C/2014 and C.R. No.84/2013 as common questions of law and facts are involved therein. 2. Both petitions have been brought by Messrs Global CNG, Chakwal (the petitioner) against Sui Northern Gas Pipelines Limited and another (the respondents) and arise out of a suit for declaration etc. filed by the petitioner against the respondents in respect of the…

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