Service of summon to the company when partner has been served and appearing

Uday Kumar (Querist) 24 November 2014 This query is : Resolved
Dear Sir,

I have filed a Suit for recovery of under Order 37 in which partner and other related defendants have been served and appearing before the Court but summon to the Company / Defendant no 1 is not being served and always envelop return stating that no such company exist on the address,
Publication is not not a choice in Summary Suit being too expensive.
Can we delete Company or advise how do we serve the Defendant no 1 / Company

Best Regards
Uday Kumar

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J K Agrawal (Expert) 24 November 2014
Dear Uday ji

If a layman do not understand that what is partnership and what is company, we can understand. But if an advocate makes such a mistake it is not tolerable at all.

Please mind what is company and what is partnership and what is a firm. all these have different meaning.

I know the answer of your question but please go through Indian Partnership Act and then through CPC. General Rules Civil will be suggested to you later on.

If still you do not get answer, I will suggest some more books to you.

ABDUL RAZIQUE (Expert) 26 November 2014
I respect J.K.Agarwal and appreciate his sentences.

just for remedy you find the appropriate address of accused No. 1 and then approach to Ld.Court to send the summon.

T. Kalaiselvan, Advocate (Expert) 27 November 2014
Well advised by experts, nothing more to add.

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