Business Name Suits: A limited company qualifies as a "person" and may be sued in its business name under Order 30 CPC.

Rule 10 of Order 30 CPC allows a person carrying on business under a name or style other than their own to be sued in that business name. The term "person" is not defined in the Code, and the General Clauses Act includes a company within that expression unless the context shows otherwise. Section 147 of the Companies Act, 1956 does not create any repugnancy with the CPC. Accordingly, the provision is not confined to natural persons, and a limited company falls within "person" for purposes of being sued in its business name.

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Issues: Whether a limited company falls within the meaning of the expression "person" in rule 10 of Order 30 of the Code of Civil Procedure, 1908, so as to be sued in its business name.

Analysis: Rule 10 of Order 30 permits a person carrying on business in a name or style other than the person's own name to be sued in that name. The expression "person" is not defined in the Code, and the General Clauses Act, 1897 includes a company within that expression unless the subject or context is repugnant. Section 147 of the Companies Act, 1956, requiring publication of a company's name, was held not to create such repugnancy in the Code of Civil Procedure. The object of rule 10 is to facilitate proceedings against a real party who carries on business under an assumed name, and the provision was not confined to natural persons alone.

Conclusion: A limited company is within the meaning of "person" in rule 10 of Order 30 of the Code of Civil Procedure, 1908, and may be sued in its business name.

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