Order XXIX: Suits by or Against Corporations

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 29

Order XXIX regulates suits by or against corporations, prescribing that pleadings may be signed and verified by a director, secretary, or other principal officer of the corporation.

  • Pleading Verification by Principal Officer [R. 1]: In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the secretary or by any director, or other principal officer of the corporation who is able to depose to the facts of the case.
  • Service of Summons on Corporation [R. 2]: Summons served: (a) on the secretary, director, or other principal officer of the corporation, or (b) by leaving it or sending it by post addressed to the corporation at its registered office, or principal place of business.
  • Power to Require Personal Appearance [R. 3]: Court may at any stage require the personal attendance of any principal officer of the corporation able to answer material questions.
Key Landmark Precedents:
  • United Bank of India v. Naresh Kumar, (1996) 6 SCC 660: The Supreme Court delivered the landmark ruling on Order 29 Rule 1, holding that a company is a juristic entity and where a suit is instituted on its behalf, the court must adopt a substantive approach; even in the absence of a formal board resolution on record, authority of a principal officer to sign pleadings can be implied from company conduct and ratification.
  • State Bank of India v. S.B.I. Staff Association, (2006) 4 SCC 416: Affirmed that bank managers and branch heads qualify as principal officers authorized to sign and verify plaints under Order 29 Rule 1.
Courtroom Practice & Strategic Litigation Guidance:

When suing on behalf of a company, attach a copy of the Board Resolution or Power of Attorney along with a specific recital that the signatory is a 'principal officer able to depose to the facts' under Order 29 Rule 1 to eliminate technical verification challenges under *United Bank of India*.