⚖️ Legal Learning: Suing a Proprietorship
📌 Key Principle:
A sole proprietorship has no separate legal identity from its proprietor. The business and the owner are legally the same.
📖 Court’s View:
Whether a suit is filed in the trade name of the proprietorship or directly against the proprietor, it is legally valid.
Order XXX Rule 10 CPC allows suits to be filed in the trade name, but that does not prevent a suit from being filed directly against the proprietor.
Substituting the proprietor’s name in place of the firm name does not extinguish the cause of action, since the liability always rests with the proprietor.
⚖️ Why It Matters:
Proprietorship concerns are not separate legal entities like companies or partnerships.
Any legal action against the firm is essentially against the individual owner.
Technical objections about suing the firm name vs. proprietor’s name will not defeat the case, as long as the proprietor is before the court.
✅ Takeaway:
When dealing with a proprietorship, suing the trade name or the proprietor is one and the same thing. Courts will not dismiss suits on hyper-technical grounds if the proprietor is impleaded and no prejudice is caused.
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