Malaysia-when an action is made on behalf of a partnership, the action should be in the name of the firm or failing that in the names of all the partners of that partnership. Otherwise the action is fatally defective and ought to be struck off

In St Vr Veerappan Juga Dikenali Sebagai & Ors v Arunachalam A/l Venkatachalam & Ors [2014] MLJU 1771, it was held that:-

"...[13] But it is clear that as a matter of law, when an action is made on behalf of a partnership, the action should be in the name of the firm or failing that in the names of all the partners of that partnership. Otherwise the action is fatally defective and ought to be struck off.
[14] In MK Varma v Oli Mohamed (1950) MLJ 80, it was held that the plaintiffs had the alternatives of joining all the partners as plaintiffs or take the advantage of the special procedure by suing in the name of the firm. In that case, they failed to take either alternative and the claim was dismissed.
[15] In Sivagami Achi v P RM Ramanathan Chettiar & Anor (1959) MLJ 221, it was held that the action was defective for non-joinder of the representatives of two deceased partners and the defendants are under no duty to remedy the defect.
[16] In Public Trustee v Elder (1926) Ch 776, the Court of Appeal laid down the salutary principle that all the entities which constituted the partnership should be before the court, otherwise the action is defective and will be struck out accordingly."

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