1988 Ed.] The Rules of the Supreme Court—Order 81
[CAP. 4
A 331
Enforcing judgment or order in actions between partners, etc. (O. 81, r. 6)
6. (1) Execution to enforce a judgment or order given or made in—
(a) an action by or against a firm in the name of the firm against or by a member of the firm, or
(b) an action by a firm in the name of the firm against a firm in the name of the firm where those firms have one or more members in common,
shall not issue except with the leave of the Court.
(2) The Court hearing an application under this rule may give such directions, including directions as to the taking of accounts and the making of inquiries, as may be just.
Attachment of debts owed by firm (O. 81, r. 7)
7. (1) An order may be made under Order 49, rule 1, in relation to debts due or accruing due from a firm carrying on business within the jurisdiction notwithstanding that one or more members of the firm is resident out of the jurisdiction.
(2) An order to show cause under the said rule 1 relating to such debts as aforesaid must be served on a member of the firm within the jurisdiction or on some other person having the control or management of the partnership business.
(3) Where an order made under the said rule 1 requires a firm to appear before the Court, an appearance by a member of the firm constitutes a sufficient compliance with the order.
Actions begun by originating summons (O. 81, r. 8)
8. Rules 2 to 7 shall, with the necessary modifications, apply in relation to an action by or against partners in the name of their firm begun by originating summons as they apply in relation to such an action begun by writ.
Application to person carrying on business in another name (O. 81, r. 9)
9. An individual carrying on business within the jurisdiction in a name or style other than his own name, may, whether or not he is within the jurisdiction, be sued in that name or style as if it were the name of a firm, and rules 2 to 8 shall, so far as applicable, apply as if he were a partner and the name in which he carries on business were the name of his firm.
Applications for orders charging partner's interest in partnership property, etc. (O. 81, r. 10)
[Subsidiary]
10. (1) Every application to the Court by a judgment creditor of a partner for an order under section 25 of the Partnership (Cap. 38)