I shall be grateful if learned members could kindly advise me whether there is any legal requirement for a company to sue others in its own name only. Of course, it is general understanding and common sense, but it there any law or case law to say that? Sec 9 of Companies Act implies this but does not mandate it. Sec 69 of Partnership Act also implies the same (by stipulating that an unregistered firm cannot sue others for enforcement of its contractual rights) because if a partner cannot sue in his own name for his firm, how would a director sue in his own name?
Mr. law is changed. unregistered firm can file suit against third parties. when it is arising out of a contract, though it is unregistered suit is maintainable against third parties. I will provide case law. V E Manoj Kumar Advocate 8686159292