Rule 10 of CPC : Rule 10: Suit against person carrying on business in name other than his own.

CPC

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Explanation using Example

Example 1:

Rajesh Kumar runs a small electronics shop in Delhi under the name "Bright Electronics." He does not use his personal name for the business. One day, a customer, Anil, buys a television from "Bright Electronics," but the television turns out to be defective. Anil tries to contact Rajesh for a replacement or refund, but Rajesh refuses to cooperate. Anil decides to file a lawsuit for compensation. According to Rule 10 of the Code of Civil Procedure 1908, Anil can sue "Bright Electronics" as if it were a firm name, even though it is not Rajesh's personal name. The court will treat "Bright Electronics" as the defendant in the case.

Example 2:

A Hindu Undivided Family (HUF) in Mumbai runs a textile business under the name "Sharma Textiles." The business is managed by the eldest member, Mr. Ramesh Sharma. One of their suppliers, Vinod, delivers a large consignment of fabric to "Sharma Textiles," but the payment is not made on time. Vinod decides to take legal action to recover his dues. Under Rule 10 of the Code of Civil Procedure 1908, Vinod can sue "Sharma Textiles" in that name, even though it is not the personal name of any individual member of the HUF. The court will consider "Sharma Textiles" as the entity being sued.

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