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Code of Civil Procedure, 1908 | Order 30

Order XXX Rule 7 CPC - No Appearance Except by Partners

Order XXX Rule 7 of the Code of Civil Procedure, 1908 explains when a person who manages a partnership business, and receives a summons addressed to the firm, is not required to enter an appearance in court. The rule distinguishes service of summons from the duty to appear as a defendant.

Text of Order XXX Rule 7 CPC

Where a summons is served in the manner provided by rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued.

Meaning and scope of Rule 7

When a partnership firm is sued in its firm name, Order XXX Rule 3 permits service on one or more partners or, as the court directs, at the principal place of partnership business in India on a person then controlling or managing that business. Rule 7 protects a non-partner manager who receives the summons through this procedure: service alone does not require that manager to appear in the suit.

If the recipient is a partner, the exception in Rule 7 does not apply. The procedural obligations of partners must then be considered with Order XXX Rule 6, under which partners sued in the firm name appear individually in their own names while subsequent proceedings continue in the firm name.

Notice of the capacity in which summons is served

Order XXX Rule 5 requires written notice at the time of service stating whether the recipient is served as a partner, a person controlling or managing the partnership business, or both. In default of such notice, the recipient is deemed to have been served as a partner. Therefore, correctly identifying the capacity of the recipient is important in applying Rule 7.

Practical illustration

Suppose a civil suit is filed against a trading partnership. The court directs service at the firm's principal business premises, and the summons is received by an employee who manages the premises but is not a partner. Under Rule 7, that employee need not appear merely because the summons was served on them. The firm and its partners must address the suit in accordance with the applicable CPC provisions.

Order XXX Rule 1: permits qualifying partners to sue or be sued in the firm name.
Order XXX Rule 3: prescribes the methods of service on a firm.
Order XXX Rule 5: requires notice of the capacity in which the summons recipient is served.
Order XXX Rule 6: governs appearance of partners in their own names.
Order XXX Rule 8: addresses appearance under protest by a person served as a partner who denies being a partner.

Official legal sources

For the statutory text and applicable amendments, consult the Code of Civil Procedure, 1908 on India Code and the India Code official legislation portal. Court-specific procedural rules and amendments should also be checked where relevant.

This article explains the general central CPC provision. The facts of service, partnership status and any applicable local amendments may affect a particular case.