816
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Service of documents in action.
H.K. Code, s. 83 (4). Procedure where judgment given against Government
H.K. Code, s. 83 (5).
Right and liability of partners to sue and be sued in firm name, and disclosure of names of partners.
Ö. 48A, r. 1.
Disclosure of names of partners in action by firm.
0. 48A, r. 2.
Service on partners sued in name of firm.
481. All other documents, notices or proceedings in the action which in an ordinary action would be required to be served on the defendant shall be served on the Crown Solicitor.
482. Whenever in any such action judgment is given against the Government no execution shall issue thereon but a copy of the judgment, under the seal of the court, shall be transmitted by the court to the Governor.
CHAPTER XIX.
ACTION BY OR AGAINST FIRM, ETC.
483.-(1) Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action.
(2) Any party to an action may in such case apply by summons to the court for a statement of the names and addresses of the persons who were at the time of the accruing of the cause of action co-partners in any such firm to be furnished in such manner, and verified upon oath or otherwise, as the court may direct.
484.-(1) Where a writ is sued out by partners in the name of their firm the plaintiffs or their solicitors shall, on demand in writing by or on behalf of the defendant, forthwith declare in writing the names and addresses of all the persons constituting the firm on whose behalf the action is brought.
(2) If the plaintiffs or their solicitors fail to comply with such demand all proceedings in the action may, on an application for that purpose, be stayed, on such terms as the court may direct.
(3) When the names of the partners are so declared the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the writ; but all the proceedings shall nevertheless continue in the name of the firm.
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 or at the principal place within the jurisdiction