CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1233
of person
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.
O. 48A, 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 issue execution against any other person as being a member of the firm, he may apply to the court for leave to do so; and the court may give such leave if the liability is not disputed, or, if the liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.
(3) Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the writ was issued, and who has not appeared to the writ, unless the writ has been served on him out of the jurisdiction with the leave of the court or he has been served within the jurisdiction after the writ was issued.
judgment against firm. O. 48A, r. 8.
from firm.
491.-(1) Debts owing from a firm carrying on business within the jurisdiction may be attached under Chapter XVI, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order.
O. 48A, r. 9.
Page 120
Page 121
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1233
of person
489. Any person served as a partner may enter an Appearance appearance under protest, denying that he is a partner, but under protest such appearance shall not preclude the plaintiff from other- served as wise serving the firm, and obtaining judgment against the partor. firm in default of appearance, if no partner has entered an appearance in the ordinary form.
0. 48A, г. 7.
490.-(1) Where judgment is given against a firm, execu- Execution of tion 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 issue execution against any other person as being a member of the firm, he may apply to the court for leave to do so; and the court may give such leave if the liability is not disputed, or, if the liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.
(3) Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the writ was issued, and who has not appeared to the writ, unless the writ has been served on him out of the jurisdiction with the leave of the court or he has been served within the jurisdiction after the writ was issued.
judgment against firm. 0. 48A, r. 8.
from firm.
491.-(1) Debts owing from a firm carrying on business Attachment of within the jurisdiction may be attached under Chapter XVI, debts owing although one or more members of such firm may be resident 0. 48a, r. 9. abroad, provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order.
Page 120Page 121
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