Rule 10 of Order 30 provides that any person carrying on business in a name or style other than his own name or Hindu undivided family carrying on business under any name, may be sued in such name or style as if it were a firm name, and, insofar as the nature of such case permits, all rules under Order 30 shall apply accordingly. From bare perusal of this provision, it is clear that when a HUF is "to be sued", it may be sued in the name in which it carries business. In the present case the suit was filed against the HUF showing Kishanchand Gupta as its karta/manager and not in other name. In other words, the provision of rule 4(2) will apply only where a Hindu undivided family is carrying on business under any name, and is to be sued it could be sued in the name or style in which it carries its business. It needs to be noted that a HUF cannot appear as a HUF, and the manager/karta should, therefore, appear in his own name, though all subsequent proceedings could be continued in the name of HUF. A HUF need to be represented by its karta/manager in a suit/appeal and in the event of his death a successor karta/manager will have to represent the HUF and continue the proceedings. But, after disposal of a suit and at the time of filing an appeal if karta, who was representing the HUF in the suit dies, the successor karta will have to file the appeal. The appeal, in such eventuality cannot be filed in the name of HUF, showing the deceased karta/manager as its karta/manager. Such appeal would be a nullity. {Para 8}
Bombay High Court
Mrs.Nergish Minoo Pavri vs C/O. M/S.Bashimall Punnalal on 7 September, 2009
Bench: D.B.Bhosale
Dated : 7TH SEPTEMBER, 2009.
Citation: 2010(4) BomCR 475 Bom
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