Order 30 Rule 2 CPC - Disclosure of Partners' Names
Order XXX Rule 2 of the Code of Civil Procedure, 1908 governs the disclosure of the names and places of residence of partners when a civil suit is instituted in the name of a partnership firm. It also provides for a stay of proceedings if a proper written demand is not complied with.
Statutory provision: Order XXX Rule 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:
Provided that all proceedings shall nevertheless continue in the name of the firm, but the names of the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.
Meaning and scope of Rule 2
Order XXX allows partners to litigate using their firm's name. Rule 2 ensures that a defendant can identify the individuals behind a plaintiff firm. The rule applies specifically when partners institute a suit in the firm's name; the disclosure mechanism should not be confused with the procedure for obtaining information about partners in a defendant firm under Order XXX Rule 1.
Rule 2(1): Written demand for disclosure
Any defendant, or someone acting on the defendant's behalf, may make a written demand. The plaintiffs or their pleader must then promptly provide a written statement naming every person constituting the firm on whose behalf the action was brought, together with each person's place of residence. The obligation arises upon a written demand, rather than automatically in every firm suit.
Rule 2(2): Consequence of failure to disclose
If the plaintiffs or their pleader fail to comply, the defendant may apply for a stay of proceedings. The court has discretion: a stay is not automatic, and the court may impose terms appropriate to the circumstances. The provision concerns a stay of proceedings, not an automatic dismissal of the suit.
Rule 2(3): Effect of disclosure on the suit and decree
After disclosure, the suit continues with the legal consequences that would follow had the disclosed partners been named as plaintiffs in the plaint. However, proceedings remain in the firm's name, and the names of the disclosed partners must be entered in the decree.
Related legal provisions
Order XXX Rule 1 CPC: Permits two or more persons claiming or being liable as partners and carrying on business in India to sue or be sued in the firm's name, subject to its terms. It also permits a party to seek a court-directed statement identifying partners at the time the cause of action accrued.
Order XXX Rule 3 CPC: Deals with service of summons upon a firm sued in its firm name.
Section 4, Indian Partnership Act, 1932: Defines partnership as the relation between persons who have agreed to share profits of a business carried on by all or any of them acting for all. Persons entering that relation are individually called partners and collectively a firm; the name under which their business is carried on is the firm name.
Section 69, Indian Partnership Act, 1932: Imposes restrictions on specified suits to enforce contractual rights involving unregistered firms, subject to statutory exceptions. Disclosure under Order XXX Rule 2 does not by itself resolve a separate objection under Section 69.
Practical procedure
A defendant seeking the identities of partners in a plaintiff firm should make a clear written demand under Order XXX Rule 2(1), identifying the suit and requesting the partners' names and places of residence. If the plaintiffs fail to comply, an application may be made under Rule 2(2) asking the court to stay proceedings until compliance, on such terms as the court considers proper.
Official legal resources
For the governing statutory text and subsequent amendments, consult the India Code official legislation portal for the Code of Civil Procedure, 1908 and the Indian Partnership Act, 1932. State amendments and applicable High Court rules may also affect local procedure. See the CPC sections, orders and rules guide and the related Order XXX Rule 1 explanation.
Legal information for general reference; statutory text and local procedural requirements should be checked for the relevant court and date.