CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
817
7
of the business of the partnership on any person having at the firm.
O. 48A, r. 3. 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 section 485, 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.
Notice of capacity person is O.48A, r. 4.
in which served.
487. Where persons are sued as partners in the name of Appearance of partners. their firm they shall appear individually in their own names; O.48A, r. 5. but all subsequent proceedings shall nevertheless continue in the name of the firm.
Manager served need
488. Where a writ is issued against a firm and is served on a person having the control or management of the partnership not appear. business, no appearance by him shall be necessary unless he O.48A, r. 6. is a member of the firm sued.
under
489. Any person served as a partner may enter an appear- Appearance ance under protest, denying that he is a partner, but such protest appearance shall not preclude the plaintiff from otherwise serving of person the firm and obtaining judgment against the firm in default served as of appearance if no partner has entered an appearance in the O.48A, r. 7. ordinary form.
partner.
490.—(1) Where judgment is given against a firm execution Execution of judgment against firm. may issue—
(a) against any property of the partnership within the O. 48A, r. 8. jurisdiction;
(b) against any person who has appeared in his own name under section 487 or section 488, or who has admitted either
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
817
7
of the business of the partnership on any person having at the firm.
0. 48A, r. 3. 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 commence- ment 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 section 485, 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.
Notice of capacity person is 0.48A, r. 4.
in which
served.
487. Where persons are sued as partners in the name of Appearance of partners. their firm they shall appear individually in their own names; 0.48A, 1. 5. but all subsequent proceedings shall nevertheless continue in the name of the firm.
Manager
served need
488. Where a writ is issued against a firm and is served on a person having the control or management of the partnership not appear. business, no appearance by him shall be necessary unless he 0.48A, r. 6. is a member of the firm sued.
under
489. Any person served as a partner may enter an appear- Appearance ance under protest, 'denying that he is a partner, but such protest appearance shall not preclude the plaintiff from otherwise serving of person the firm and obtaining judgment against the firm in default served as of appearance if no partner has entered an appearance in the 0.48A, r. 7. ordinary form.
partner.
490.—(1) Where judgment is given against a firm execution Execution
of judgment against firm. may issue-
(a) against any property of the partnership within the 0. 48^, r. 8. jurisdiction;
(b) against any person who has appeared in his own name under section 487 or section 488, or who has admitted either
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