Writ maintainability and partnership firms: a firm name alone cannot sue under Article 226 as a separate legal person.

A writ petition under Article 226 can be maintained only by a natural person, juristic person or corporate body; a partnership firm is neither a separate legal entity nor a corporation. Registration of the firm does not convert it into a juristic person or by itself confer capacity to sue in the firm name. If the partners are aggrieved, they must approach the court in a form that reflects the legally entitled persons. A writ filed solely in the firm name was therefore held not maintainable as framed, and the objection to maintainability was upheld.

---

---

Issues: Whether a partnership firm, in its firm name, can maintain a writ petition under Article 226 of the Constitution of India, and whether non-disclosure of the firm's juridical status affects maintainability.

Analysis: A writ under Article 226 can be maintained only by a natural person, juristic person, or corporate body. A partnership firm is not a separate legal entity distinct from its partners; it is only a collective or compendious name for them. Registration of the firm does not convert it into a corporation or a juristic person, nor does it by itself confer the capacity to sue in the firm name as a writ petitioner. If individual partners are aggrieved, they must come forward in a manner that reflects the legal persons entitled to seek the writ.

Conclusion: A writ petition filed in the name of a firm is not maintainable as framed, and the objection to maintainability was upheld.

---