Rule 2 of CPC : Rule 2: Disclosure of partners ' names.

Explanation using Example

Example 1:

Scenario: A suit is filed by a partnership firm named "Sharma & Sons" against a supplier for breach of contract.

Details:

• Plaintiffs: Sharma & Sons (a partnership firm)
• Defendant: ABC Suppliers

Application of Rule 2:

1. Demand for Disclosure: ABC Suppliers, the defendant, demands in writing that Sharma & Sons disclose the names and places of residence of all partners constituting the firm.
2. Compliance: The plaintiffs (Sharma & Sons) or their pleader must promptly provide a written declaration listing all partners, e.g., Rajesh Sharma (residing in Delhi), Suresh Sharma (residing in Mumbai), and Anil Sharma (residing in Bangalore).
3. Failure to Comply: If Sharma & Sons fail to provide this information, ABC Suppliers can apply to the court to stay the proceedings until the information is disclosed.
4. Proceeding with Suit: Once the names are disclosed, the suit continues as if Rajesh Sharma, Suresh Sharma, and Anil Sharma were named as plaintiffs in the original complaint. The proceedings will still be in the name of "Sharma & Sons," but the partners' names will be included in the decree.

Example 2:

Scenario: A partnership firm named "Gupta Traders" files a lawsuit against a customer for non-payment of dues.

Details:

• Plaintiffs: Gupta Traders (a partnership firm)
• Defendant: XYZ Enterprises

Application of Rule 2:

1. Demand for Disclosure: XYZ Enterprises, the defendant, requests in writing that Gupta Traders disclose the names and places of residence of all partners.
2. Compliance: The plaintiffs (Gupta Traders) or their pleader must immediately provide a written declaration listing all partners, e.g., Ramesh Gupta (residing in Kolkata), Mahesh Gupta (residing in Chennai), and Naresh Gupta (residing in Hyderabad).
3. Failure to Comply: If Gupta Traders do not comply with the demand, XYZ Enterprises can request the court to stay the proceedings until the required information is provided.
4. Proceeding with Suit: Once the names are disclosed, the suit will proceed as if Ramesh Gupta, Mahesh Gupta, and Naresh Gupta were named as plaintiffs in the original complaint. The proceedings will continue in the name of "Gupta Traders," but the partners' names will be included in the final decree.