Order XXX Rule 10 CPC | Absence of Proprietorship in Suit Not a Defect If Proprietor Is a Defendant: Supreme Court of India

The Supreme Court of India, in a significant judgment, has clarified that there is no legal distinction between a sole proprietorship and its proprietor. The bench of Justices Vikram Nath and Sandeep Mehta held that whether a proprietorship concern is sued in its trade name or through the proprietor, it amounts to the same legal action. A proprietorship has no independent legal existence, and therefore, both the firm and its…