The amplitude of the expression lsquo carries on business rsquo cannot however be restricted merely ...........

Civil Procedure Code (CPC) 1908 Institution of Suits

The amplitude of the expression ‘carries on business’ cannot however be restricted merely because it is used in conjunction with the words ‘personally works for gain.’ The expression is much wider than what the expression in normal parlance connotes, because of the ambit of a civil action within the meaning of s. 9 of the Code, but which of the following necessary conditions should concur?

The agent must be a special agent who attends exclusively to the business of the principal and carries it on in the name of the principal and not a general agent who does business for anyone that pays him

The person acting as agent must be an agent in the strict sense of the term. The manager of a joint Hindu family is an ‘agent’ within the meaning of this condition

To constitute ‘carrying on business’ at a certain place, the essential part of the business must take place in that place

None of these

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Explanation:

- Option 1: Suggests the agent must be a special agent attending exclusively to the business of the principal. This implies the agent operates strictly under the principal's name, not independently or for others.

- Option 2: States the person must be an agent in the strictest sense, but incorrectly categorizes a manager of a joint Hindu family as an "agent." This is a misunderstanding since such a manager isn't strictly an agent per law.

- Option 3: Claims that the essential part of the business must occur at a specific location to consider a business as being "carried on" there. This indicates the core activities must happen at a particular venue to qualify.

- Option 4: None of these - Correct. None of the above options precisely define the conditions necessary for carrying on business as implied in the original context.