§ Rule 2127 Actions by Partnerships and Liquidators

Rule 2127. Actions by Partnerships and Liquidators

    (a) A partnership having a right of action shall prosecute such right in the names of the then partners trading in the firm name, in the following manner: “A, B and C trading as X & Co.

    ” Note: For the rule applicable to the prosecution of set-offs, counterclaims and cross-actions by a partnership sued in the firm name, see Rule 2128(b).

    (b) An action prosecuted by the liquidator of a dissolved partnership shall be prosecuted in the name of the liquidator in the following manner: “A, Liquidator of A, B, and C, late trading as X & Co.”

    (c) The failure of a partnership to comply with subdivision (a) of this rule shall not affect the right of the defendant to recover costs from both the partnership and the individual partners.