Propritorship firm is legal entity or not?

Querist : Anonymous (Querist) 10 December 2011 This query is : Resolved
in my one case of recovery of amount, Plaintiff is the Proprietorship firm and the Plaint has been verified by the Proprietor of said Firm Mr. Suresh Motwani and i am counsel for the Plaintiff, the counsel for the Defendant has taken a n objection is ws that the Propritorship firm is not a legal entity, hence my suit is not maintainable.

What is the legla position of a propritor of a registered firm? can firm file a suit through propritor?

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V R SHROFF (Expert) 10 December 2011
Once Plaint is verified by Proprietor , Objection of defendant will be rejected.
Proprietor, and the pro firm is considered as one and the same. , it is not a separate legal entity, like that of Registered Partnership or Pvt Ltd co etc.

prabhakar singh (Expert) 10 December 2011
Proprietorship firm can file a suit through proprietor and proprietor.Only proprietor can verify the plaint.

Proprietorship firm or partnership firm are not juristic independent legal entities. They are represented by their proprietor or partners in any suit.

But companies formed under companies act are separate juristic independent legal entities.

R.Ramachandran (Expert) 10 December 2011
The name of the plaintiff or petitioner should read as:
XXX
Proprietor of YYY
Address

and NOT

Name of the Firm
Through Proprietor (......)
Address.

Further, the averment should say that Plaitniff/Petitioner is the proprietor.

It should not say Plaintiff/Petitioner is a Proprietory Firm of which and Mr.XXX is the proprietor.

Devajyoti Barman (Expert) 10 December 2011
Yes I agree. The Proprietor very much can represent the proprietary firm.

Raj Kumar Makkad (Expert) 10 December 2011
I do agree with Ramachandran.

Shailesh Kr. Shah (Expert) 10 December 2011
I agree on aptly answer of Shri R.Ramachandran.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 December 2011
Such objections are normal from defense. These are traps where if the plaintiff misses it becomes fatal.

Whatever status claimed has to be proved by documentry evidence. So even if your are proprietor but no evidence so show than tell me what the court should do.

Law is nothing but common sense codified in words.