A.D. 1901.]
CODE OF CIVIL PROCEDURE.
747
[No. 3.
485-(1.) Where persons are sued as partners in the name of their firm, the writ shall be served either on any one or more of the partners sued or at the principal place within the jurisdiction of the business of the firm on any person having at the time of service the control or management of the partnership business there.
(2.) Subject to the provisions of this Chapter, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a writ against them shall be necessary: Provided that, in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the writ shall be served on every person within the jurisdiction sought to be made liable.
486.-(1.) Where a writ is issued against a firm, and is served as directed by the last preceding section, every person on whom it is served may be informed by notice in writing, given at the time of such service, whether he is served as a partner, or as a person having the control or management of the partnership business, or in both characters.
(2.) In default of such notice, the person served shall be deemed to be served as a partner.
0. 43 r. 3.
Notice of capacity in which person is served.
Ib. r. 4.
487. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall nevertheless continue in the name of the firm.
Appearance of partners.
16.1.5.
488. Where a writ is issued against a firm and is served on a person having the control or management of the partnership business, no appearance by him shall be necessary, unless he is a member of the firm sued.
Non-necessity of appearance by manager served.
489. Any person served as a partner may enter an appearance under protest, denying that he is a partner, but such appearance shall not preclude the plaintiff from otherwise serving the firm, and obtaining judgment against the firm in default of appearance, if no partner has entered an appearance in the ordinary form.
Ib. r. 6. Appearance under protest of person served as partner. Ib. r. 7.
490.-(1.) Where judgment is given against a firm, execution may issue—
(a.) against any property of the partnership within the jurisdiction;
(b) against any person who has appeared in his own name under section 487 or section 488, or who has admitted, either on the pleadings or at the trial, that he is a partner, or who has been adjudged to be a partner; and
(c.) against any person who has been individually served, as a partner, with the writ of summons, and has failed to appear.
(2.) If the party who has obtained judgment claims to be entitled to judgment...
Ib. r. 8..
against firm.
bid. Sec. 25
1/97