https://www.taxtmi.com/caselaws?id=273339 A suit filed against the proprietor of a proprietary concern after the proprietor's death is against a non-existent person, so any decree obtained on that basis is a nullity. A proprietary concern is not a separate juristic entity, and Order XXX Rule 10 CPC applies only to the extent the nature of the case permits; it does not turn such a concern into a partnership firm or justify applying Order XXX Rule 4 CPC to a deceased proprietor. The decree could not therefore be executed, and the execution objection was correctly upheld. en-us Tue, 31 Mar 1998 00:00:00 +0530 Tue, 19 Jun 2018 09:55:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273339 A suit filed against the proprietor of a proprietary concern after the proprietor's death is against a non-existent person, so any decree obtained on that basis is a nullity. A proprietary concern is not a separate juristic entity, and Order XXX Rule 10 CPC applies only to the extent the nature of the case permits; it does not turn such a concern into a partnership firm or justify applying Order XXX Rule 4 CPC to a deceased proprietor. The decree could not therefore be executed, and the execution objection was correctly upheld. Case-Laws Indian Laws Tue, 31 Mar 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273339