Rule 2135.Fictitious name act saved.

The partnership chapter lets a firm be sued in its firm name, which Rule 2126 defines to include any name, fictitious or otherwise, whether or not it has been filed or registered. Suing under an unregistered name is procedurally allowed, but the registration statutes still operate: the rules do not suspend or affect the operation of any Act of Assembly relating to the registration of fictitious names.

So a partnership’s obligations under the fictitious-name statutes stand on their own. The Official Note dates the rule to its adoption on May 1, 1939, effective November 6, 1939. Rule 2159 repeats the same savings clause for unincorporated associations. Rule 2128(d) shows a related link to filing law: partners who failed to file a required statement of membership may not plead a misnomer.